Bonum Certa Men Certa

The 'Administrative' Council is to Benoît Battistelli What FISA is to the NSA

Even illegal surveillance inside the EPO is passively accepted by the 'Administrative' Council of the European Patent Organisation (EPO)

FISA article
Reference: FISA Court Appears To Be Rubber Stamp For Government Requests (NPR, 2013)



Summary: The growing realisation that the so-called 'Administrative' Council is little more than rubberstampers of Benoît Battistelli, who controls their national budget

LATER this year we will have written over a thousand articles about the EPO. Not much has changed as not only Benoît Battistelli remains in power but also Željko Topić keeps his job (possibly to have the term extended, unless the 'Administrative' Council finally learns to say "no").



The upside is that a greater proportion of EPO workers now knows the truth about the employer. The same goes for stakeholders like patent attorneys and European companies. "At the end," one person wrote yesterday, "whatever Battistelli proposes will be approved - with cosmetic amendments to save the face of everybody in the AC." ('Administrative' Council)

Here is the comment in full (CIPA represents clients):

as the CIPA already did before they were approved, and Merpel too, we can go on and dissect these rules after their approval and find further problems - look, without being an expert I can even do that:

On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment

First the president of EPO makes a comment and then the President of the Boards of Appeal makes the proposal ... but what if the comment of the President of EPO is "I don't like that"? What happens then? Does the resident of the Boards of Appeal still make the proposal?

We shall not forget that the President of the Boards of Appeal himself is dependent from Battistelli for his appointment or reappointment ...

What I mean is: the fact that we are all here mentally masturbating [Merpel you can amend that] about possible scenarios deriving from the application of these rules means that they are not clear - there does not seem to be a definitive flow chart.

But the real truth is ... neither the AC nor Battistelli seem to care about your comments and analysis - or the one of the CIPA, or the users, or Merpel, or AMBA.

You can scream from the top of your lungs "this is unclear!", "this reduces the independence of the BoA!" - it seems to have quite the opposite effect: they adopt the rules even faster - overnight.

Stop it.

It's wasted time. At the end, whatever Battistelli proposes will be approved - with cosmetic amendments to save the face of everybody in the AC.

Remember, it has been declared that "this is an historic achievement" - who are you to go against history?


The defeatism has not turned into humour. "Clearly," wrote another person, "in this instance, they are only rubberstampers." In other words, delegates became somewhat of a laughing stock like FISA authoritising surveillance in the US (never saying "no", even if its job is oversight). To quote the comment:

The new Rule 12c says “On a proposal from the President of the Boards of Appeal and after the President of the European Patent Office has been given the opportunity to comment, the Committee set up under paragraph 1 (BOAC) shall adopt the Rules of Procedure of the Boards of Appeal and of the Enlarged Board of Appeal. “

"Shall adopt"? No possibility to amend, or comment themselves, or not adopt unwanted RoP? What is the Committee then needed for? Clearly, in this instance, they are only rubberstampers. A clear step towards dependency. But not necessarily towards dependency of the President of the EPOff[ice]. The PoBoA can impose any rules he wants, and since his renewal is dependent on the President,.... But he can also implement any rules he wants against the wishes of the PoEPOff. The PoEPOff can only comment, not amend.


Two years ago there were rumours suggesting that the 'Administrative' Council, and notably Mr. Kongstad, should be viewed as complicit (not apathetic) in relation to Battistelli. The latest 'Administrative' Council meeting left few doubts about that. The problem isn't just the patent Office but the whole Organisation. It's almost as though Battistelli elevated himself from Office President to Organisation President (having previously held Kongstad's position).

Recent Techrights' Posts

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
 
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day