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

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026