Bonum Certa Men Certa

Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

Exile is to "independence" what prison is to "freedom"

Exil



Summary: Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

EARLIER TODAY we published one particular part of the Minutes referred to herein. The Minutes of the Administrative Council's meeting at the EPO form the basis of the discussion and outcome, which is usually so abbreviated that it's rendered quite useless (further sanitised when published in the public site rather than the Intranet).



Below is a very abbreviated version of the Minutes, which we have taken some time to analyse. This is just about the Reform on the Boards of Appeal, whereas the previous article was about the staff representatives. Reform of the Boards of Appeal, or rather the removal of those boards from the EPO's building, is a subject we covered here many times before. In the EPO's public site there was nothing but hogwash about it and AMBA's Web site, understandably afraid, posted a polite protest, refuting that the EPO's site had told stakeholders like applicants, attorneys, journalists and so on.

Here are the 'gory' details from the Minutes of day 1:

FROM THE MINUTES OF THE AC JUNE 2016 MEETING

DAY 1:

On Day 1 of the meeting document CA/43/16 (Reform of the Boards of Appeal) was discussed. It has four parts: A (Structural Reform of the BOA), B (Career of Members and Chairmen of the BOA), C (Location of the Boards of Appeal), D (New Fee Policy for Appeals), and E (Conflict of Interest Rules).

The President started by explaining that transferring powers would mean revising the EPC, so “the only possible solution was a delegation of powers” to the new BOA President. He stated that there were two issues: the perception of independence and the boards’ efficiency. He added that “careers on the boards would be governed by special new rules reflecting the need to make board members aware that their career depended also on how they performed their duties”. Regarding the boards’ location he “remained convinced that a separation from the rest of the Office would increase the perception of the boards’ independence. But in view of the objections raised he was now proposing that although the boards would move to a separate building they would stay in Munich”. Also important was the boards’ rate of cost coverage, and he proposed that “the boards should aim at 20 to 25% cost coverage”.

SECTION A: STRUCTURAL REFORM OF THE BOA

The Croatian delegation was the only delegation that thought that a reform “should cover all aspects, not just independence”. It stated that “the President was always being attacked for various reasons, but to its knowledge he had never been accused of trying to interfere in any of the boards’ cases or decisions”. It added that “some people suspected the President of wanting to interfere in how the boards functioned and took their decisions, but this was completely unfounded and absurd.” The Bulgarian delegation thought that “the boards’ independence had been clearly shown by the disciplinary proceedings exercising the Council for over two years now, with the Enlarged Board so far refusing to take a substantial decision on the matter and give the disciplinary ruling requested by the Council”.

The Irish delegation “noted concerns expressed in some documents about the possibility of the President being able to withdraw his delegation of powers and that the consequence of the delegation being withdrawn is that the independence is withdrawn”. The French delegation agreed, stating that “revocation should not be possible without the Council’s consent”. The Swedish delegation said that “the EPO President should not be able to revoke his delegation of powers solely at his own initiative”. The Austrian, Swiss, German, Slovakian, Icelandic, Danish and UK delegations agreed.

SECTION B: CAREER OF MEMBERS AND CHAIRMAN OF THE BOA

The Irish delegation was “concerned about the proposals which introduce a performance-related system which appears contrary to the exercise of judicial functions”. The Italian delegation said that “(re) appointment of board members and chairman should be exclusively a matter for the boards’ President: the EPO President should have nothing to do with them”. The Netherlands delegation said that “the Office’s proposal that reappointment should in future depend on a board member’s performance could only be detrimental to independence”.

SECTION C: LOCATION OF THE BOARDS OF APPEAL

The Swiss delegation “suggests leaving them where they are”. The Irish delegation stated that “even a relocation within Munich would give rise to unnecessary expense”. The Swedish delegation considered that “the boards’ location had little to do with their independence, and the cost of any move also had to be taken into consideration”. The Austrian delegation said that “as far as relocating the boards was concerned, those most immediately affected, i.e. BOA members and users, would have to agree”. The Netherlands delegation stated that “there was no point relocating the boards”, because “this would merely waste money”. The Czech delegation said that “if the majority was in favour of a move, it would oppose it”.

SECTION D: NEW FEE POLICY FOR APPEALS

The Irish delegation was “strongly opposed to any increase in appeal fees at the present time and was appalled at the original proposal for a fivefold fee increase which would be tantamount to a barrier to justice”. The Italian delegation said that “cost coverage had no direct bearing on the boards’ independence”. The German delegation said that “the fees issue had nothing to do with the boards’ independence.” It thought that “the Office’s proposals here were completely unacceptable”.

SECTION E: CONFLICT OF INTEREST RULES

The French delegation said that “any former board member or other EPO employee temporarily refused permission to undertake paid work would have to receive appropriate financial compensation”. The German delegation said it would be necessary to “provide at least for financial compensation”. The Polish, Swedish and Austrian delegations agreed. The UK delegation said that the measures proposed “had caused surprise and even concern among UK user circles”. The Danish delegation “could not support at all” the proposal.

The President said that the proposed reform was “a package, to be approved or rejected as such. The post-service integrity measures were an integral part of that package”.



Here are the 'gory' details from the Minutes of day 2:



DAY 2:

On Day 2 an amended document, CA/43/16 Rev. 1 was presented. Amended were in particular Parts A (more information about “delegation of powers”), D (“new fee policy” changed to “better cost coverage”) and E (now only limited to the BOA).

The Swedish delegation was “not 100% satisfied” but “was prepared to accept it if its effects were reviewed in three years’ time”. The French delegation and the epi representative agreed. The Austrian delegation said that “increasing the fees should be the very last resort”. The Irish delegation remained convinced that the proposals in Section D “had nothing at all to do with the boards’ independence”. The Slovakian delegation agreed that “the measures in Section D had no bearing on the boards’ independence”. The Netherlands delegation said that Section D had to be deleted, and its vote would depend on that.

The President said that he was not 100% happy either, but this was a compromise.

CA/43/16 Rev. 1 was approved, with the Netherlands voting against, and Hungary and Italy abstaining.

The Council also said the reform and its effects should be reviewed in a few years’ time.


One can see the role played by the Netherlands (opposition), the Croatian delegation (associated with Battistelli's 'bulldog'), and the Irish delegation (which might want to protect the persecuted Irish judge). We think the most important message is that the proposal was only agreed on because it should (or would) be looked at again in a few years, probably when it's too late to salvage the EPO because applications have run out and many workers (examiners in particular) will have been laid off to be replaced by unskilled workers (if any, maybe just machines).

Comments

Recent Techrights' Posts

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
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
 
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
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026