Bonum Certa Men Certa

EPO Management Mocks Justice and Bans Judges, Takes Away Their Independence

The European Patent Office (EPO) is now the antithesis of justice

Kongstad caricature



Summary: The European Patent Office continues to stomp on justice and even on judges -- a fact that evades nobody who bothers looking at the pertinent facts

TECHRIGHTS is disturbed (albeit not surprised given the EPO's record with the law) to come to grips with the fact that for nearly a year and a half a judge has been suspended and in spite of the Board (both of them, board of appeal and Board 28) and the Council telling off Battistelli for his abuse of justice (they put it more politely as they tiptoe) the judge remains suspended. The other day someone sent us some text that suggests bringing back the suspended judge, who was put on 'house ban' against the rules of the EPO (Battistelli later changed the rules to better defend his abuses). That would at least restore some confidence in EPO management and show that it regrets suspending justice itself. For those who don't know, the judge is alleged to have shown judgments or charges against management, which was thus unsuitable to serve. In other words, the judge was a sort of whistleblower (hoping to uphold the law or persuade others to do so). Here is the text explaining the situation from start to finish (present), including the chilling effect it led to (imposing blind obedience through fear):

The thin independence of DG3



In its ruling R19/12 of May 2014, the Enlarged Board of Appeal found that the executive functions of the Vice-President of DG3 were incompatible with his judiciary function as, Chairman of the Enlarged Board. In response, Mr Battistelli relieved VP3 of most of his executive functions flowing from Article 10(3) EPC. He furthermore put all DG3 members directly under his authority for administrative requests (duty travel, approval of lectures, side activities etc.). This clearly infringes upon the independence of the Board members.

A further attack on the independence of DG3 occurred in December 2014 when a Member of the Boards of Appeal was subjected to a "house ban" by the President. The initial accusation was defamation of VP4. As usual these days, further accusations were added during the procedure. A first request to the Enlarged Board of Appeal to propose his removal from office was rejected by the Enlarged Board of Appeal after a hearing in September 2014 on the grounds that the accusations were insufficiently substantiated. In the October meeting of the Administrative Council, Mr Battistelli asked the Council to dismiss the colleague concerned without the required proposal of the Enlarged Board. The Council refused and instead decided to submit a second request to the Enlarged Board to propose removal from office. During a second hearing before the Enlarged Board in February, the representatives of the Council withdrew their second request. The correct thing to do now would be to lift the suspension and reinstate the colleague concerned. In the mean time, Mr Battistelli persuaded the Council to change the law governing suspensions. In December last year a majority of the delegates voted in favour of CA/D 18/15 [NL and DE voted against; FR GR SE and SK abstained]. This amendment to the ServRegs gives the Council the power to suspend a member of the EPO's judicial branch (i.e. members of 9the Boards) on a salary reduced by up to 50% for up to 24 months - or even longer in "exceptional cases". The amendment applies in a retroactive manner to the pending DG3 case. Aside from the question concerning the legality of such retroactive application, the measure has a negative impact on the independence of DG3 as a whole. The Council has now granted itself the power - whether acting alone or in concert with the President - to sideline any "irksome judge" without the need to observe due process by following the procedure foreseen in Article 23(1) EPC.

The next attack is possibly in preparation, with the so-called proposal for a structural reform of the EPO Boards of Appeal. An internal working group, the DG5 task force, had been entrusted with the mission of drafting the proposal. However, faced with the manifest unwillingness of the Office to propose measures really improving the independence of the Boards and with massive headwind from interested circles, the Council obliged the President to withdraw his orientation paper CA/98/15 and decided to take over in December. A status report is foreseen for the March Council meeting, with more concrete measures for the June meeting. However, the five “main points” of the reform, as sketched by the Swiss delegation during the December meeting , do not necessarily bode well for the future.


Using the Animal Farm theme (book reference for the uninitiated), the following cartoon/caricature has been issued and yes, it alludes to Hardon, who is alleged to have spoken to the above judge in an effort to help uphold justice. Based on recent reports, they now have the same lawyer. The cases are similar and intertwined only in a few ways (like the 'sexed up' charges, which help distract from the real reason for suspension and/or dismissal).

At the EPO, you see, those who pursue justice have justice bent against them, in an effort to simply silence them. How can anyone not consider this worthy of a strike -- one that explicitly calls for the restoration of justice at the EPO? Even the Council recognises that this is a problem, as per its last meeting's formal notes.

EPO justice caricature
EPO 'justice' -- only the pension restored by Battistelli in an effort to salvage his job (as time is running out for Battistelli and he may soon come under more attacks from Board 28)



Recent Techrights' Posts

Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
 
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day
IBM's Kyndryl Holdings Inc Sank 70-75% in 'Value' in 10 Months, Will IBM Follow?
Kyndryl Holdings Inc now has a debt considerably higher than this company is said to be 'worth'!
Belated Sovereignty: GNU/Linux in Iran Skyrockets to 6% Amid Armed Conflict
unless they're truly in control of their networks, hardware and software, somebody else can control them
Gemini Links 09/05/2026: Liberation, The Nocturnals, Rediscovering Internet Radio, and More
Links for the day
Links 09/05/2026: Kremlin’s Biggest Day of the Year and FBI's Attack on the Media (to Save Face)
Links for the day
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026
Gemini Links 08/05/2026: Slop Falsely Marketed to Greedy Administrators and New Official Maintainer of Antenna Confirmed
Links for the day
Links 08/05/2026: French Prosecutors Seek Charges Against MElon, Europe Wants Young People Without Skinnerboxes (Smartphones)
Links for the day
2,000-4,000 More Layoffs Expected at IBM's Kyndryl, Some Say Over 10,000 Layoffs
They use euphemisms like "restructuring" or "rebalancing"
Social Control Media and GAFAM as National Security Threats (Domestically and More So Abroad)
"Algorithms control messages, swayed 2024 presidential election"
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.