Bonum Certa Men Certa

Accusations of Administrative Council (of the EPO) Complicity in Illicit Retaliation Against Appeal Boards at the Behest of Battistelli

The Chinchilla Man of the Administrative Council too, under Battistelli's instructions (tail wagging the dog), tried to remove a judge

The Chinchilla Man of the Administrative Council



Summary: The Administrative Council of the European Patent Organisation is coming under fire for its role in weakening the appeal boards and the confidence in already-granted EPs (European Patents) continues to erode

EARLIER TODAY we noted that a comments thread about the EPO's patent scope had turned more interesting than the 'article' (self-promotional piece) itself. People have been noting that this diversionary tactic from the EPO can backfire pretty badly on the EPO.



"Julian Cockbain" (possibly a pseudonym but not for sure) said that "the problem is not with Tomatoes II but with the EBoA's craven reaction to the Biotech Directive in G-1/98. Correctly decided then, the problem would not have arisen now..."

“One more example of the fundamental lack of accountability of the executive in the European patent system.”
      --Anonymous
We have been writing about this for a number of years. The EPO should never have granted patents on plants, seeds and animals in the first place. Now it pays the price and people will lose confidence in their EPs. The following three comments were all posted anonymously, presumably by domain experts afraid of retaliation for their open expression of views. "The decision by the President of the EPO [that's Battistelli] to stay all the concerned proceedings cannot be appealed before the Boards. One more example of the fundamental lack of accountability of the executive in the European patent system," said one comment. Yes, it helped expose how out-of-control the EPO has become.

Another comment said that "it's clear that in the long term the Enlarged Board cannot remain independent of the EU, particularly once [sic] the UPC is up and running" (that should be if, not once). The boards are in general under attack from Battistelli, who is pushing hard for the UPC and will sort of oversee the boards until a UPC booster finally becomes their President (see some background on Carl Josefsson's role in UPC training). To quote the full comment: "The EPO chose to bring itself under the jurisdiction of the EU when it brought the Biotech Directive into the EPC rules. Now it has to stay proceedings to sort this all out. There is no point granting/maintaining patents which are not valid according the Biotech Directive. It's clear that in the long term the Enlarged Board cannot remain independent of the EU, particularly once the UPC is up and running and presumably the CJEU will then be looking at patent cases at lot more regularly as the final appeal court for the UPC. We clearly cannot have 2 final patent courts in Europe and this is a good opportunity to start the process of allowing the CJEU to take over the responsibilities of the Enlarged Board."

“As the EBA did not abide by the wishes of the AC (and of the president) in this matter, it was relocated to Haar.”
      --Anonymous
One person asked: "Why bother about separation of powers? It started with the house-ban of a member of the BA by the president of the EPO a while ago. It continued. As the EBA did not abide by the wishes of the AC (and of the president) in this matter, it was relocated to Haar. As long as the AC has not amended the Rules, there is no objective reason to stay any proceeding. By staying the proceedings, the BA are also touched. Another good way to retaliate."

We recently argued that the Administrative Council was complicit and under the control of Battistelli rather than it being the other way around (as it ought to be). As the Administrative Council is controlled by Battistelli's pet chinchilla (alluding to the darker side of his life), this is hardly surprising.

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026