Bonum Certa Men Certa

Colossal Institutional Failure Surrounding the European Patent Office (EPO) and EPO Chickens Out of Debate About It

Summary: Shielded by a network of institutions, governments, and departments that facilitate the EPO's abuses by inexcusable inaction, Team Battistelli continues to hoard more money and power

I HAVE never come across anything quite as corrupt (and at the same time immune/resistant to scrutiny/above the law) as the EPO. It's truly astonishing. I thought we live in a society where the Rule of Law applies, but apparently there are some exceptions, for supposedly benevolent purposes.



A couple of days ago EPO critic Thorsten Bausch (from Hoffmann Eitle) covered an event in which Team Battistelli's 'Nemesis', Professor Bross, played a role/part, noting quite correctly that the EPO succumbed to the level of violating the EPO's own rules and founding document. To quote what is typically a pro-UPC and pro-EPO blog:

The MPI has been courageous enough to invite an eminent speaker to give a lecture on a topic that may sound curious or even somewhat provocative to some – note the question mark, though: “The Patent Granting Practice under the EPC – Erosion of the Rule of Law?” Enter Professor Dr. Siegfried Bross (German spelling: Broß), an extremely cultivated elder gentleman who speaks in a soft voice with this inimitable Swabian accent that non-Germans may remember from interviews with Albert Einstein. Before summarizing his lecture, it may be appropriate to introduce the lecturer to the international readership of this blog. Professor Bross has had a long and splendid career as a German judge; in particular, he spent twelve years (1986-1998) on the Xth Civil Panel [Zivilsenat] of the Federal Court of Justice. This Panel is, among other things, responsible for all patent cases at this court and is thus Germany’s top patent instance. And to top even that, Prof. Bross was then appointed to become one of the sixteen judges of the German Federal Constitutional Court, where he served for another twelve years until he retired in 2010.

[...]

Let us now turn to the message ofF’s lecture. His key thesis was that the basic framework of the EPC is not sustainable under the principles of the rule of law (“das Grundgerüst ist nicht tragfähig nach rechtsstaatlichen Grundsätzen”), and that the recent EPO reforms with regard to the Boards of Appeal are “ohne rechtsstaatliche Substanz” [without any substance in regard to the rule of law]. Boom.

Prof. Bross’ main criticism of the EPC framework was that it does not sufficiently respect the necessary separation of powers and does not sufficiently observe democratic rules and responsibilities. He argued that the Administrative Council and the EPO management negotiate structures without any parliamentary discussion, contrary to the established jurisprudence of the German constitutional court. He reminded the audience that the EPO legal order is not an integral part of the EU legal order nor is it identical to or even harmonized with it, even though many Member States of the EPO are also EU Member States. And he criticized the EPO Member States for having established an almost omnipotent executive with no proper checks and balances by an independent judiciary.


Quoting further fragments, highlighted by EPO insiders: "The MPI organizers of this afternoon session had hoped that Prof. Bross’s lecture would be followed by a lively discussion among a panel [...] that included, inter alia, a representative from the EPO and one from the German Ministry of Justice. [...] It is regrettable that this was not to be, since these two representatives did not show up. [...] Prof. Bross encouraged all institutions and stakeholders to get into regular discussions with each other, [...] but acknowledged that little can be done if institutions refuse to enter into such a dialogue. So much for that."

Here is the 'money quote': “States are not allowed to unite in such a way that humans become objects”

Not only states have allowed this to happen; even the ILO's Administrative Tribunal (ILOAT) enabled this by passivity, procrastination, and unwillingness to properly enforce the law. Covering what's wrong with the European Patent Office has thus far helped expose rot and dysfunction also in the EPO's AC, ILOAT, DKPTO, EC and so on. With few exceptions here and there, they're all in this together. The German Ministry of Justice is also one of the big culprits; by turning a blind eye to abuses, just like Dutch authorities that look for excuses, it becomes somewhat complicit.

A few days ago SUEPO was openly complaining about ILOAT. Institutional failure after nearly a century? Here is the original complaint [PDF], published several days ago with the following concluding words:

The ILO-AT is one of the oldest and one of the largest Administrative Tribunals. It now serves more than 65 international organisations with more than 58.000 employees. If its size is a measure, ILO-AT is uncontestably a success. But the Tribunal risks to become a victim of that success if it does not find a way to deal with its increasing workload while meeting modern standards of justice.

SUEPO believes that there are a number of fundamental weaknesses in the way the Tribunal is organized and presently operates, many originating from the past. These weaknesses must be addressed if the Tribunal is to live up to the purpose for which it was originally created, namely to be a judicial tribunal that ensures to officials of its member organisations “the firm conviction of safety and security emanating from justice, provide a judge for every dispute, and preclude the possibility of one of the parties being a judge in his own causei.”

In 10 years the Tribunal will celebrate its 100 years anniversary. We encourage the Tribunal to reflect on what it wants to stand for, and how it wants to be seen in 10 years’ time: as a modern Tribunal that, through fair and transparent procedures, provides for the necessary balance of power between international civil servants and their organisations, or as a relic of the past that is seen by many as complicit with rogue administrations, not least the EPO?

To live up to their reputation as global defenders of peace and justice, International Organisations must themselves set the example and provide their staff with a justice system that operates, and is seen to operate, to the highest standards of transparency and fair play. This imposes on the Organisations that are Members of the Tribunal, first and foremost among these the ILO itself, to support the Tribunal in modernizing its practice.


The Central Staff Committee, not to be mistaken for SUEPO in spite of overlaps, also earned some press coverage from The Register a few days ago. It speaks of Battistelli's continued pursuit of absolute power, in defiance of everything the EPC stands for:

The central staff committee of the European Patent Office has sent a letter to the organization's board warning it of proposed changes that would further undermine their rights.

The letter to the board of the EPO's Administrative Council comes one day before its preparatory meeting for the larger council meeting next month. That meeting is expected to center – yet again – on the breakdown of relations between staff and management.

On the agenda is reform of the EPO's disciplinary and investigative rules as well as its appeal process – something that has been pushed by critics of the EPO's current president Benoit Battistelli.

[...]

The exact same process of tinkering with internal policies in order to award greater powers to the president's office has happened repeatedly at all levels of the EPO, and have led to him being dubbed "King Battistelli."

The situation has grown so dire that the staff has even taken the EPO to the European Court of Human Rights in an effort to impose some rules over their treatment (EPO management claims immunity from national laws due to its status as an international organization).

Ironically, reform to the disciplinary proceedings and appeals process has been championed by one of Battistelli's fiercest critics – Dutch secretary of state for Economic Affairs, Martijn van Dam – as an example of how concerned member states are imposing some kind of accountability on a president run amok.


The EPO is a truly rogue institution, but those who guard its immunity and impunity are part of the problem, so we intend to dedicate more time and energy to exposing them too. Readers are encouraged to send us information and material that can help us pursue justice in Europe.

Recent Techrights' Posts

Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News
Links 03/09/2025: Microsoft Causes Mass Layoffs Outside Microsoft Also, "Google Can Keep Paying for Firefox Search Deal"
Links for the day
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter