Bonum Certa Men Certa

German Media Becomes Aware of Battistelli's Defiance of the Very Basis of the EPO

FTI Consulting helps the EPO 'manage' Dutch and German media (new contract recently signed), but that does not always work

EPC



Summary: The mass media is catching up with Battistelli's alienation, segregation or isolation of the boards of appeal as part of his plan to phase them out of existence and maintain systematic exacerbation of patent quality for production's sake, where "production" is inaccurately and improperly measured

THE media has been rather quiet regarding the EPO recently. The only "EPO" we see in the news is actually the drug, typically in relation to doping in the Olympic games.



"For your information," told us one of several readers who alerted us about Süddeutsche Zeitung, the local paper "finally breaks the silence on the EPO..."

It is an article composed not by one of the more familiar writers (who ought to be quite familiar with EPO matters) and several people told us about it.

"I noticed the following article which has just appeared in the Süddeutsche Zeitung," one reader told us. "It is mainly about the planned move of the EPO Boards of Appeal to Haar and it refers to the recent coverage of this story on Techrights." (see for example [1, 2])

It is good to know that they follow Techrights. We typically get the stories here earlier than the corporate media.

"Battistelli's plans to send the Boards of Appeal into "exile" in Haar are eerily reminiscent of the methods employed by Željko Topić during his time at the Croatian SIPO," told us this reader, "as previously reported by Techrights" (see for example [1, 2])

"The difference," continued this reader, "is that in his previous role Topić could only inflict damage on the IP system in Croatia. It seems that with Battistelli's backing he has managed to manoeuvre himself into a position where he can now operate on a European scale."

This is pretty bad as it brings what we once saw dubbed "Balkan standards" into the whole of Europe. We previously made note of exactly the above point (similarity to Topić's history in Croatia).

These problems at the EPO are real and there is no solution in sight for them (not in summertime anyway). European Inventor Award 2017 (EIA2017) is already being planned as if everything will be fine for another year to come and the PR people are 'spamming' for it (there have been yet more examples of that since, albeit not as much if anything at all after we published the article). "Inventors who aren't European nationals but have been granted a European patent can also be nominated for this Award," the EPO stated in relation to EIA2017. It's not "European Inventor Award 2017" just as "European Patent Office" is not really European, I've told them, considering the fact that there is even discriminatory prioritisation which puts small European businesses at the back of the line.

"I would replace "in Europe" by "at the EPO"," wrote Benjamin Henrion in response to software patents advocacy in Europe. I told him that that EPO "is not European, it just has the word "European" in its name, like Federal Express which isn't Federal." The EPC does not permit software patenting either, but that does not exactly prevent EPO management from trying to work around the exclusions.

A lot of the above relates to how detached from the EPC Battistelli's EPO has gotten. It's jaw-dropping that he managed to get away with it. The EPO now has a Brexit-like 'Constitutional Crisis' (dealing with deviation from founding documents like EPC and EU/Lisbon Treaty). Apparently, with help with his marionette called Kongstad, there is something Battistelli can do. A discussion about it is buried inside a very long, multi-page comments thread (the only remaining suitable place as IP Kat barely covers EPO these days). To quote the latest in this discussion:

Hmmm. Not sure I agree that the founding fathers "made arrangements" for arbitration. For example, they failed to provide a description of how arbitration should work, and who should be the arbiter.

At best, the PPI merely provides for the possibility of arbitration. However, there are many practical barriers to that possibility being exploited. For a start, there is the complete apathy upon the part of the representatives to the AC (who, it must be remembered, come from national offices whose income from renewal fees will increase if examination standards at the EPO are lowered). Then there is the total absence of any formal procedure for initiating a dispute.

So who do you see "getting the ball rolling" in this context?




Read Article 24 of the PPI.

I keep posting the text of the Article but the comment doesn't seem to get through ... http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ma5.html

There is a very detailed description of how the arbitration is to take place. The President of the ICJ has a role in selecting the committee. It's all there in black and white. You just need to RTFM ...




Do not overlook Article 23 (2) PPI:

If a Contracting State intends to submit a dispute to arbitration, it shall notify the Chairman of the Administrative Council, who shall forthwith inform each Contracting State of such notification.

That is how the ball starts rolling. A notification is sent to the Chairman of the AC. It's that simply.




Thanks. You are quite correct, of course. Interesting that Art. 24(2) PPI states that "This panel shall be established as soon as possible after the Protocol enters into force and shall be revised each time this proves necessary". This implies that the relevant panel should have been established almost 40 years ago. So which panel is it? And what rules of procedure for that panel have been established according to Art. 24(4)? Or are those yet further provisions of the EPC that the AC has neglected to follow?


I suspect that this could very well be the case. To the best of my knowledge the details of the "panel" - if it has been established - have never been published. Normally one would expect that kind of information to appear in the Official Journal. However there does not seem to be any explicit requirement for publication of the membership of the panel.

From that I conclude that either the provision has been ignored or else it's a well-kept secret.


Can Battistelli simply bend the rules and make up new rules to justify his abuses retroactively? If some time in the past he simply broke the rules, as he did as far back as 2014 (if not further back), why does he get to keep his job and astronomical salary? EPO mouthpieces have certainly helped that and based on internal documents we saw, Battistelli still cites these same mouthpieces for 'evidence' and 'support' regarding patent quality. He is fooling the delegates at times when they growingly express concerns about patent quality. Battistelli is a chronic liar. Maybe he does this without even realising (the hallmark of sociopaths, learning to believe one's own lies and reject critical voices).

Recent Techrights' Posts

Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
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"
 
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day
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
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
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