Bonum Certa Men Certa

EPO Central Staff Committee Points Out to Benoît Battistelli That He is in Gross Violation and Contempt of the Founding Document/Treaty of the EPO

The European Patent Convention (EPC) is routinely being trampled on by Team Battistelli, so what do they care amidst an organisational coup?

Battistelli and Kongstad



Summary: The staff representatives of the EPO, i.e. those doing all the hard work, "advise against giving any impression that the EPC may be disregarded without consequence."

THE following open letter was circulated earlier this week and we wish to reproduce it below. This is not the first time Battistelli breaks the rules (including his own rules) and gets away with it, just like a classic tyrant in a rogue institution/state.

European Patent Office | 80298 MUNICH | GERMANY Mr Benoît Battistelli President of the EPO

ISAR - R.1081

Date: 29.03.2017

OPEN LETTER



Subject: Replacement of one Vice-President by three Chief Operating Officers

Dear Mr Battistelli,

You are planning to merge DG1 with DG2-Patent Administration whereby for as yet undisclosed operational reasons you intend to appoint yourself three “Chief Operating Officers” (COOs, the so-called “Super-PDs”) to lead this enlarged DG1.

In the vacancy notice, it is stated that “[e]ach of the COOs will report directly to the President” and that the contract period will be for five years (renewable). We infer from this that firstly the COOs will not be under the authority of a Vice-President, and that secondly these arrangements are for the medium to long term (not transitory).

Consequently, you have now requested the CSC to nominate members to the Selection Boards for these three new Chief Operating Officer positions.

In the March Council meeting some delegations have already expressed their reservations about this new institutional set-up. For our part, we have reasons to believe that, at least for the moment, your plans are not in compliance with the European Patent Convention (and its Implementing Regulations):

1. The functions of the enlarged DG1 (and in particular the Receiving Section, the Search Divisions, the Examining Divisions and the Opposition Divisions) fall squarely within the ambit of Article 15 EPC.

2. According to Rule 9(1) EPC, the departments specified in Article 15 shall be assigned to a Directorate-General.

3. According to Rule 9(2) EPC, each Directorate-General shall be directed by a Vice-President.

4. According to Article 11(2) EPC, the Vice-President is appointed by the Council after consultation of the President of the Office.

Ergo, in accordance with the EPC, the functions of the future enlarged DG1 must remain in a Directorate-General under the leadership of a Vice-President appointed by the Council. The EPC does not allow the creation of COO posts to replace VP1.

In addition, we note that to date the procedure laid down in Article 1(1) of the Implementing Rules of Article 7 ServRegs has not been followed, and its deadlines have not been respected. If the Office wishes to follow a different procedure than that laid down, then the Codex must be changed first.

We respectfully submit that the Council ought to be alerted promptly, so that they can look for a new VP1 capable of taking up the considerable challenge of leading such an enlarged DG1 comprising more than 5000 staff members. In addition, we respectfully suggest that you coordinate your plans with the Council as soon as possible, to obtain a “green light” for your amended procedures.

Please let us know at your earliest convenience when this is done, so that we can then proceed with any necessary nomination. For abundant precaution, we must advise against giving any impression that the EPC may be disregarded without consequence. Such a sign could legitimately be used to question the validity of the EPO’s work.

Yours sincerely,

The Central Staff Committee

cc.: Council Secretariat cc.: Council delegations

We confirm that this letter was legitimately decided and produced by the Central Staff Committee1. __________ 1 Pursuant to Article 35(3) ServRegs, the Central Staff Committee shall consist of ten full and ten alternate members.

_________ The CSC presently consists of 8 full and 7 alternate members, because two have resigned in December 2014, one has been dismissed in January 2016 (against the recommendation of the Disciplinary Committee), one resigned as of October 2016, one has been further dismissed in November 2016 and one refused replacement of a full member since November 2016 and a further one since December 2014 against Article 7(3) of Circular 355.

Furthermore, one member of a LSC has been dismissed and a further full member of the CSC has been downgraded in January 2016 (against the recommendation of the Disciplinary Committee). In fact, the Office has launched investigations and disciplinary procedures against several other Staff representatives as well, affecting negatively their health.


None of the above surprises us. As someone put it some hours ago, “Battistelli is impervious to scandal, has full immunity and controls both the council and national politicians.” As we put it days ago, "Benoît Battistelli ‘Pulls an ErdoÄŸan’ Faster Than ErdoÄŸan."

Recent Techrights' Posts

The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
 
EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026