Bonum Certa Men Certa

European Patent Office: Administrative Council gives the President a bollocking

European Patent Office: Administrative Council gives the President a bollocking



The Administrative Council of the European Patent Office shows its displeasure with the President of the institution, but does not oblige him to reverse or review decisions.

Before the latest meeting of the Administrative Council (AC) of the European Patent Office (EPO), the AC's chairman Jesper Kongstad had expressed annoyance at€ the way EPO President Benoît Battistelli dealt with the staff. He demanded that the recent dismissals and disciplinary measures against leaders of the EPO union SUEPO€ be subjected to independent review.

Such interventions are now off the table, following the conclusion of the two-day meeting of the AC. While€ the Administrative Council makes clear that it does not endorse Battistelli's actions, it nevertheless does not intend to review his decisions. The AC asks the EPO President to ensure in future that his disciplinary measures are seen to be fair, and "to consider" submitting them to external assessors or mediation tribunals for review.

Battistelli to reach agreement with the unions

According to the AC resolution, the staff regulations should be amended, in particular concerning the internal Investigation Unit (IU). Battistelli based his controversial suspension of a patent judge and dismissal of union leaders on work carried out by the Investigation Unit, which had installed keyloggers in publicly-accessible computers at the EPO to track down a person allegedly defaming the Office.

Battistelli must also agree rules for cooperation with both EPO unions. At the beginning of March 2016, the President made a great song and dance of€ reaching such an agreement, while forgetting to mention that the union in question represented fewer than€ 100 of the more than 6000 EPO employees. SUEPO, with 3400 members, has so far refused to sign the document, which stipulates inter alia that the union must submit to the internal rules of the EPO - rules which can be unilaterally amended by the Office.

Criticism of efficiency measures and working conditions

A dispute has long been bubbling under at the EPO regarding Battistelli's drive for efficiency gains, and the related working conditions. Patent examiners are critical of the project, because quickly-granted patents may not have been examined thoroughly, and may therefore be vulnerable to legal challenge. Since 2012, the patent examiners have been resisting€ plans to pay bonuses out of the Office's revenue surplus€ on the grounds that this gives a false motivation for granting patents. The Office's surplus at that time was 89 Million Euros; this had almost doubled by 2015.

According€ to EPO rules, employees who are ill must be at their home address from 10am to 12am and 2pm to 4pm every day of their sickness leave. The EPO reserves the right to check on the employee by sending a doctor to visit. An employee who is summoned to a meeting with the internal Investigation Unit is permitted neither to remain silent nor to be accompanied by a legal representative.

The European Patent Office has 38 member countries, including non-EU members such as Turkey and Switzerland. As a supranational organisation, it is not bound by any national law. Its employees therefore do not have the option of taking the EPO to a tribunal in the country where they work, or in their country of origin. In the first instance they must rely on internal procedures, and their only route for filing a formal complaint is at the International Labour Organisation (ILO) in Geneva. The procedure at the ILO can last up to ten years, and€ the ILO complained in 2015 that it has been flooded with EPO complaints.€ (ck)






Update (30/3/2016): another translation of this article was published by SUEPO later on [PDF].

Recent Techrights' Posts

Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026