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

What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
 
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
This Coming Friday
Richard Stallman (RMS)
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day