Bonum Certa Men Certa

Culpability for EPO Injustice in the Administrative Council Chaired by Battistelli's Protector, Jesper Kongstad

Battistelli and Kongstad



Summary: The EPO, whose innate nature or goal was to serve (patent) justice, quickly became a world-renowned example of gross injustice, not only on patents but also towards its own employees and even judges who are in principle independent

YESTERDAY evening we published this leak which showed the poetic injustice against a judge (we never missed the irony of this scenario). The EPO's management is abusive enough to have "miscarriage of justice" even against judges. Anywhere else it's unheard of, except perhaps in Turkey and in the US after Trump's inauguration. Saying the truth about justice is some kind of a (thought) crime now; upholding the law is an offense. What has the EPO sunk to? There is not even separation of powers anymore.



Not too long after we had leaked the document someone wrote: "To those of your wondering what happens with the for TWO years shamefully suspended judge..."

"Torture by suspension seems legal at the EPO," another person alleged. To quote:

After almost two and a half years of disciplinary proceedings and three decisions by the Enlarged Board of Appeal against its requests, the AC allegedly is still not in a position to take a final decision on the suspension of the suspected judge, failing "the establishment of all relevant facts": http://techrights.org/2017/03/30/guilty-until-proven-innocent/ Torture by suspension seems legal at the EPO.


Today (this morning) two more comments showed up and at least one of them is buried deep inside a very old thread, so we reproduce it below.

"AC has now effectively “rewarded” the President for his interference," the following comment says:



So the AC has decided that the fate of the suspended judge "would depend upon the establishment of all relevant facts". But how are those facts going to be established if the President keeps preventing the Enlarged Board of Appeal from establishing them?

In essence, the sole effect achieved by the President's interference in the "judicial" proceedings is the advancement of his agenda: to prevent independent scrutiny of the "facts" upon which the allegations against the suspended judge are allegedly based (and the manner in which those "facts" were obtained); and to prolong the suspension without (fair) trial.

All this means is that, in addition to failing to sanction the President for his unwarranted interference in the judicial proceedings, the AC has now effectively "rewarded" the President for his interference.

It looks like the AC, following in the President's footsteps, is effectively saying farewell to the rule of law. It is also confirming that the Enlarged Board of Appeal was right to fear that the AC would side with the President... meaning that the President's thinly-veiled threats to the Enlarged Board really were an unforgivable attempt to interfere with the independence of the judiciary.

Presumably a majority of representatives to the AC agreed with the decision not to terminate the disciplinary proceedings against the suspended judge (or not to at least reinstate him until the facts can be independently established). And if a majority was required for the AC to reach such a heinous decision, what does this say about the current state of that supervisory authority? Not only should every last one of the representatives that supported this decision be thoroughly ashamed of themselves, but we need to know who they are... so that we can start asking them some questions.


Another comment correctly points out that the EPO "slandered his name publicly as Nazi (despite not having delivered any proof, as noted by the eBoA)."

The accused judge ought to sue the EPO for slander, but the EPO enjoys immunity. See what the EPO can get away with? Here is the full comment:

And since the DG3 member has no influence on the timing of the steps of the procedure, he has no chance to get the eBoA to actually speak him free.

He can go nowhere, as national judges "have no jurisdiction", the internal procedure is "still running" (ILOAT will decline any judgement), the AC and the president are not willing to proceed the procedure, and the eBoA cannot do anything out of its own volition, as there is no case before the eBoA currently.

Another perfect example of "the internal remedies available to staff are sufficient, therefore national judges need to uphold the immunity and have no jurisdiction".

But then, there's "only one" "human" affected, who is overpaid anyway.

Really wondering why the leftish anti-Europe papers are not picking up on cases like this, but then the DG3 member is not allowed to defend himself publicly, while the office slandered his name publicly as Nazi (despite not having delivered any proof, as noted by the eBoA).

I wonder how anyone can think the EPO and its employees do follow the EPC if its management and supervising organ are so obviously violating the EPC again and again. Despite all the words in favour of a strong Europe, someone is set on destroying it from within. The fallour in the public opinion will strengthen the anti-Europe sentiments, which should not be in the interest of the EPO.


Yesterday we received the following comment which suggests time alone is unlikely to heal the wounds. Battistelli is not intending to step down (probably more true now that the UPC is stuck again). Here is what the comment said:

This is really interesting. It is quite possible, even probable, that Battistelli is planning to stay a lot longer than 2018. The Council thinks he will go, but they have been fooled before and Battistelli knows he can fool them again.

That would also explain that “strange” structure that is planned to replace Minnoye. Here again, the council thinks it is a temporary measure but that is a classical trick which is taught at the ENA: “temporary arrangements are easier to negotiate and often last longer”.

This has implications for SUEPO (and techrights…) as well.


What happens at the EPO is a total catastrophe; the only greater catastrophe is German media being so reluctant or unwilling to cover it. In the next post we'll hypothesise why that might be (clue: think Texas).

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026