Bonum Certa Men Certa

Leaked: Proof That Benoît Battistelli Disregarded Orders From the Administrative Council (Again)

EPO flirting with radical authoritarian nationalism where Battistelli does anything he wants

Minutes of October 2016 Administrative Council



Summary: Battistelli's inability to respect the hierarchy at the European Patent Office and Organisation stresses the importance of throwing him out, putting to sleep the tail which wags the dog

PORTIONS of the meeting minutes of the October 2016 Administrative Council meeting (primarily in German) made their way to us after the meeting had ended and we finally have the full document [PDF]. We are hoping to have an English translation soon.



What does the document serve to show? Well, it shows that Battistelli was supposed to suspend his union-busting activities, which certainly he did not. There might soon be another protest in The Hague over it. Battistelli is totally out of control!

If one looks at IP Kat comments today, there are about a dozen new ones. "Battistelli's presidency has revealed the fatal flaws in the EPC," said one person, but actually, Battistelli 'hacked' the EPC (even violating it several times) and this is very dangerous as it can doom the whole Organisation. The Administrative Council ought to know this by now. Here is the full comment:

Is article 4a enforceable in any way? Against whom and by whom? Who is responsible for calling such a conference? It does seem the only way that a semblance of democratic oversight might be possible by this means. Do the member states want to move from a system favoring small and medium enterprises, which benefits the economy and stimulates employment, to a registration system which favors big enterprises with deep pockets, as Battistelli clearly intends. This should be a political decision, taken by elected representatives, not by one man.

And to enter the discussion about whether patent attorneys an or should complain, they are the servants of their masters, who fall into two groups: those who benefit for a high examination standard, and those who do not. It is futile to expect that as a group they can come to the rescue.

Battistelli's presidency has revealed the fatal flaws in the EPC, which provides no practical mechanism for democratic oversight of the workings of the EPO.


"Liechtenstein hasn't attended the AC for years," said this person. "They have perfect teeth." (this relates to an old observation about free dental treatment). Is the Administrative Council so deep in Battistelli's pocket? Are the delegates mere chinchillas?

Here is another comment on the subject:



Morale will only improve when law, justice and the framework for mutual respect and fairplay are restored at the EPO. There is no excuse for those with the highest of authority not to remove this toxic Enarque and his clique. The country responsible for this toxic entryism at the EPO should now financially and morally support all those victims, including Laurent, who have suffered at the hands of the Enarquien tyrant. A disgrace to the ENA, a disgrace to Europe....


"Battistelli can just ignore its results just as he ignored what the Council requested (twice)," said the following comment:

I don't see how a Conference of ministers of the Contracting States could be useful. Battistelli can just ignore its results just as he ignored what the Council requested (twice).

Sorry to ask the same question again: but what can the Council really do, in practice, if Battistelli simply ignores what they ask? He can simply do as he wants and ignore anything the Council pushes at him, can't he? I mean: he already did.

Sure, the Council can open disciplinary proceedings (in theory, I don't think the form these proceedings are supposed to take has been planed in the texts). Sure, the Council can refuse to vote the budget. But the Council cannot stop Battistelli dismantling the European Patent Office if that is his plan. He can continue as long as he gets votes from 10 countries. Even for a second or third term, as far as I can tell.

All he needs are the votes from 10 countries.

Now the question is: why would these 10 countries do that, considering the scandal? The answer is that there are probably 10 countries among the 38 which have little or no patents and few industries to protect, so they don't care. These countries may even see it as an advantage to annoy the big users of the patent system. Maybe they believe that if, e.g., the German small and medium industry cannot use the patent system as effectively as they do, they could develop small and medium industries of their own? Who knows?

Did I understood correctly or are there any Articles I did not consider in the EPC or in other treaties?


The Administrative Council probably needs to coordinate (in secret of course, for their own safety) the dismissal of Battistelli. The harder Battistelli pushes them around and the more utter lies he spreads around, the more 'leaky' the EPO becomes. People want the truth to be told. We are getting virtually every document, we just lack the time to study and publish it all. Certainly, the more often Battistelli breaks the law and the more arrogantly he does so, the more likely we are to hear from people in his vicinity. He can't survive in his job like this. The EPO does not have a few disgruntled employees but thousands of such employees (maybe a silent majority). They've had it with Battistelli and they recognise that he is their enemy, not their boss, as he puts the entire Office in jeopardy. If they wish to work collectively for job security, then they will need to topple/oust Team Battistelli. It's almost like their moral duty.

This new union-shaming comment makes us wonder if Battistelli's lies now make their way into blogs in the form of anonymous comments. This has already been rebutted politely by others, who correctly explain the role of management in all this. Blaming the unions for all the problems is like blaming whistleblowers rather than the crimes exposed by these whistleblowers (and the perpetrators of these crimes).

Here is what one commenter said in response:



What a pity that under the current rules of the EPO, the public at large - but also SUEPO members and all the staff - conveniently cannot hear the version of Prunier and the other dismissed representatives and make up their mind, while the President and you, dear anonymous, are free to provide their own.


Another said this:



Surely the issue of whether or not Mr Prunier should be fired are pretty much irrelevant. The two big issues are:

i) There is a clear lack of due process when the President of the EPO and others can publicly provide comment on the case (including unsubstantiated allegations that cast the EPO in a bad light and are detrimental to its reputation) but the person fired cannot provide any public comment lest he be further punished by losing his pension.

ii) The AC explicitly told the President not to take any further disciplinary action against SUEPO leaders before ensuring that the disciplinary proceedings are fair and seen to be fair. This has not been done so the action to fire Mr Prunier are in direct violation of the AC's instructions to the President. This casts further bad light on the EPO and is detrimental to its reputation.

To my mind the President of the EPO is undertaking actions that are clearly detrimental to the reputation of the EPO. This is something he has been very strict on in relation to his employees and, in the order to be fair, he should be subject to comparable disciplinary proceedings.


It is well documented, not to mention publicly stated, that Battistelli was not allowed to dismiss Mr Prunier.

Do the Administrative Council's delegates realise just to what extent Battistelli mocks/humiliates/insults them? They need to organise and remove this menace from the Office, escorting him out of Eponia along with his spurious bodyguards that are a total waste of money. There are some (in)famous mental health hospitals not so far away (over in Haar for example). Maybe he can admitted before it's too late and maybe there is even a cure for his megalomania. This spoiled brat behaves more like a child than an adult capable of handling an office with such a high budget and so much at stake. As some employees put it, "Not My President".

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025