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

Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
 
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day