Bonum Certa Men Certa

European Patent Office is on Strike Until Tuesday and Insiders Study the New Head of the Organisation

Christoph Ernst will take over the Organisation within 3 months

Battistelli and strikes
Battistelli bragged to the Council about lack of strikes (after he had passed rules to restrict those), but for the second year in a row he is the cause of strikes



Summary: The demise of the EPO as a desirable employer, as an accountable employer, and a reputable employer that actually examines patent applications properly to assure high quality of European Patents (EPs)

SUEPO has not been saying much recently, but the EPO will be on strike tomorrow and Mr. Ernst has just been chosen to replace Kongstad. As far as we are aware, no media has covered that; only one publication, IP Watch, mentioned the strike, which will last 4 days (including the weekend).



Citing the report from IP Watch, which in turn references Techrights, one person wrote (correctly) that "EPO staff will be on strike soon again (sadly) since there is still absolutely ZERO social dialogue but more of the same despicable authoritarian policies, in an Orwellian atmosphere by the current French direction team."

Another person indicated that he or she is looking to leave the EPO. Here is the full message:

The new disciplinary rules have been criticized by the anonymous "Flyer team". Internally, we have access to the proposed text. It foresees absolutely no check and balance. On a superficial reading, it appears reasonable as there are various committees which are supposed to give an opinion. But it is like patents: the claims actually define a very short procedure after which the President can fire you without justification and without recourse.

It is an open secret in the Office that the President is trying to get rid of everyone over 40 and replace them with far cheaper examiners, younger and more docile. Word is that they would be on 3-years contracts, but that is not even necessary if they can be fired at will.

But firing people is always messy and it is far easier if they leave "voluntarily". To ensure "voluntary" compliance, the title under which you can now be fired is called "professional incompetence". "Professional incompetence", as defined in the proposed text, simply means you failed to meet the production objective your superior set for you. It is public knowledge that last year objective was to grant 40% more patents.

But everything will happen behind closed doors. I expect that the older examiners in my directorate will have a nice visit of their new boss after summer which will simply tell them that they can leave "voluntarily" or get fired for "professional incompetence" before the end of the year. Because being declared "incompetent" by the EPO means that nobody will ever hire you for doing patent work, people will "voluntarily" comply.

Signed: an examiner over 40, looking for a new job outside the Patent world.


With Battistelli at the helm, many layoffs seem inevitable anyway. Maybe that was just Battistelli's intention all along; maybe he wanted to destroy the EPO and bring rise to the UPC.

Either way, staff is truly fed up and today is the last day at the EPO until Tuesday (for those who go on strike). Why is the press ignoring this? We already notified some people in the media, yet they seem quite reluctant to point this out. Shouldn't stakeholders be informed? Why is the EPO saying nothing (in its news section, Twitter and so on)?

Attention has meanwhile turned to Christoph Ernst. Ernst's "main quality seems to be his aptitude to discretion which in a corrupt organisation like the EPO," one new comment says today. It was composed yesterday, but it didn't show up until today (due to moderation). Here it is in full, hidden well inside a very old post -- the final post:

News from the 1st day of the Administrative Council in Den Haag :

1 - Christoph Ernst (DE) former head of the German Delegation at the Administrative Council of the EPO is the new Chair of the Administrative Council.

Mr Ernst is a man with a proven record of performance: indeed his silence during the entire mandate of Battistelli was remarkable, close to perfection. Mr Ernst never found the need to voice concerns when colleagues committed suicide (like for 10 days in Munich), when fundamental rights of staff were violated, when the DG3 Judge was suspended (more than 2 years...), when 3 staff reps were fired and other 3 downgraded after Orwellian trials, when quality of patents dropped due to unhealthy production pressure etc etc etc). His main quality seems to be his aptitude to discretion which in a corrupt organisation like the EPO explains that he just got promoted.

2 - Alberto Casado (SP, current VP2) becomes new VP1 in replacement of the flemmish dinausor Minnoye. Casado is known (and praised) for its exceptional competence in the various Patent Procedures as well as extensive mastering of Patent Law. No doubt that he was THE expert to task with managing 55000 highly educated examiners and formality officers. Some will say that his capacity to express himself in English may be close to that of Manuel in Falwty Towers but they are pathetic losers. In fact Alberto Casado speaks fluently Spanish which is alreaddy something.

And during this time, as the Titanic was sinking, the Orchestra was playing music...


"Mr Ernst (DE) is the new chief of AC at the EPO," said the next comment. "Is this the beginning of the end for the French dictator?"

There is at least one more year of Battistelli; we very strongly doubt Ernst will work to oust him any earlier than that.

"Battistelli and Bergot ought to see their immunity lifted and sued for what they did," said the next comment, which is also quoteworthy:

Battistelli and Bergot (PD HR) clais that psycho related sicknesses at EPO have decreased... Sure since they fire (mentally but not only) sick staff.

Fortunately the first case has arrived at ILO this week and the judges are not amused : http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3887&p_language_code=EN

Battistelli and Bergot ought to see their immunity lifted and sued for what they did



We are going to examine what comes out of ILO. This may take some time to analyse. Either way, ILO is in many ways viewed as complicit (and rightly so, as we have shown recently). Secret meetings with EPO management and not with staff representatives of the EPO say quite a lot about ILO's bias.

Ernst gives glimmer of hope, but not hope that Battistelli will be ousted, held accountable etc. He will hold Battistelli accountable as much as Obama held Bush accountable (e.g. for torture, Iraq war). As we pointed out before (last year), Ernst has little to say on Battistelli's proposals (usually abstains), almost nothing to say about patent scope, and based on what we have shown here recently, the EPO is overgranting for those who are overpatenting, devaluing the whole lot (EPs) with shoddy, rushed assessments (the fault of management that pressures examiners to do this). Even the USPTO is stricter than the EPO now.

Here is a spammy 'article' or press release from yesterday. Is it still something to show off when an EP is granted/confirmed/defended? Considering how shallow the examination (or search) can be these days? Even the examiners are complaining; they must do this or lose their job (which may also mean losing one's home, relocating the whole family to another country again).

We were deeply disgusted to see this tweet from CIPA yesterday. CIPA, as we put it last night, is a "pile of trash pretending to be a legitimate lobby" (also lobbying a lot for the UPC by lying to and manipulating officials). CIPA has been running over everything, including truth itself, for the UPC (the subject of our next post). It recently infiltrated IP Kat as well.

"We have "grave concerns" about EPO proposals to exclude certain organisms from patentability," CIPA wrote, linking to its site and copying on it some patent maximalists, even IP Kat.

Well, the EPO publicly admitted that it went too far and decided that obeying laws was more important in this case than faking 'production'.

Recent Techrights' Posts

[Video] Richard Stallman's Talk in Sweden, Attended by Nearly 700 People, is Now Online
The Web page is in Swedish, but the talk is in English
Coping With the Site Going More Mainstream
Fame is no laughing matter
21 Pages in Less Than 7 Hours is No Joking Matter
We've become a lot more effective and efficient
Generation Chaff - Phase V: Censorship of Dissent (Painted as Harassment or Terrorism)
Censorship is all around us now
Generation Chaff - Phase IV: Apps Only Few Companies Decide On
Tools are being collectively confiscated, under the premise or false prospect of "security"
 
The Serial Slopper Starts Up - or Restarts - His Plagiarism Machine (LLMs)
Serial Sloppers like these don't belong in news sites. That's why he got sacked by BetaNews.
Links 24/10/2025: Esperanto Music History, Anxiety, and New Portals
Links for the day
Slopwatch: LinuxSecurity.com, Linux Journal, and Pet Slopfarms of Google News
Why does Google News still advance these fake sites to the top of search results?
Links 24/10/2025: Inequality Grows, Billion-Dollar Scam Center Industry
Links for the day
Links 24/10/2025: "Independent Media in Cambodia is Collapsing" and Serious F5 Breach
Links for the day
They Never 'Put Down' Corporations
There are "pests" that are traded in Wall Street
Correct Information is a Valued Asset in the Age of Slopfarms and Public Relations (PR) or Spin
Publishing suppressed facts is never easy
The Register MS Continues to Bag Money to Promote a Ponzi Scheme, Even Money From China
Today in the front page
analytics.usa.gov: The Only Supported Version of Windows (This Past Week) is Only Used by About 13.9% of People in the US, the Home Base of Windows
Even Vista 7 is still used more
Rust is Very Secure
If only Rust itself is secure
Who Will be Held Accountable for Breaking Ubuntu by Imposing Rust on Otherwise-Functional Programs, in Effect Replacing GNU With Proprietary Microsoft (GitHub)?
they're practical people who merely point out that a bunch of buffoons not only ruin Ubuntu but also every future distro based on Ubuntu
Generation Chaff - Phase VIII: In Summary
Like "Science" with a capital "S", what we see here commercial interests usurping everything
Generation Chaff - Phase VII: Curtailing Alternative Media
There was always an obligation - a collective duty of sorts - to uphold independent journalism
Generation Chaff - Phase VI: Centralisation of Information (X, Cheetok/Fentanylware)
Would you trust information when controlled by such people?
Generation Chaff - Phase III: Slop and Plagiarism
A lot of the current so-called 'economy' is built upon false valuations
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day
Slopwatch: Google News and Slopfarms That Relay Nonsense From LLMs
Google News, which once prioritised or used to care about provenance and quality, is feeding slopfarms
Links 23/10/2025: More Health Concerns Over Dumb Chatbots (LLMs) and "Talking Cars" as Latest Buzz
Links for the day
Gemini Links 23/10/2025: Daylight Savings Time and Duration Shorthand
Links for the day
Links 23/10/2025: LLM 'Hallucinations' (Defects) in Practical Code 'Generation', China Becomes More Economically and Technologically Independent
Links for the day
Why We Support Richard Stallman and You Probably Should Too
It's not about being "Richard Stallman fan", it is about maintaining the right to hold positions (on technology) like his
Linux Foundation Uses LLM Slop to Promote Microsoft in Linux.com (Again), Rendering It a Linux-Hostile Slopfarm
Openwashing with slop by "Linux.com Editorial Staff", which basically seems to be a bot
Some Large German Media Covers Richard Stallman's Talks in Germany Earlier This Week
LLM-based chatbots are just "bullshit generators" (as he has long called them)
Links 23/10/2025: Windows TCO Galore and "The Internet Is Going to Break Again"
Links for the day
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
Social engineering attack: Debian voted to trick you on binary blobs
Reprinted with permission from Daniel Pocock
Techrights Will Always Stand for Women's Rights
We even invest money - personal savings that it - in our principles
Certified Lawyers Should Know Better (Than to Intimidate Us With Man Who Drives on Motorcycle Through a Really Bad Storm Between Distant Cities, Then Collects Photos of Our Home)
Mentioning someone was in prison for bad things isn't a crime, it's a public service
The "AI" (Slop) Bubble is Already Imploding
"ChatGPT Usage Has Peaked and Is Now Declining, New Data Finds"
The So-called "Sexy" Buckets (AI, Quantum) Cannot Save IBM From Reality, Shares Tank
"No matter how much financial hocus-pocus they use to reclassify revenues to land in the "sexy" buckets (AI, Quantum), it still smells old and musty - just like this company."
Paul Krugman is Wrong About the Scope of Mass Layoffs in the United States
A few years ago society was accelerating its journey towards feudalism, boosted by COVID-19
Links 23/10/2025: Proprietary Blunders and CISA's Latest Disclosure of Holes
Links for the day
Gemini Links 23/10/2025: Fast Past (F1), 99.9% Uptime
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 22, 2025
IRC logs for Wednesday, October 22, 2025
Slopwatch: Google News is Promoting Fake 'Articles' About Fake Xubuntu, Fake Articles About Replacing Windows With GNU/Linux
The quality of the Web deteriorates and unless someone cleans up the mess, real sites will lose an incentive to produce anything
When "AI Layoffs" Mean Layoffs Due to the "AI" Bubble Popping
many people that are laid off by Microsoft claim to be specialists in "AI"
Mysterious grant forfeited, $100,000 from Software in the Public Interest accounts 2023
Reprinted with permission from Daniel Pocock
Evidence: bullying, student union behaviour: Armijn Hemel's FSFE resignation
Reprinted with permission from Daniel Pocock
Evidence: psychological abuse, stalking, Galia Mancheva, Susanne Eiswirt ignored by FSFE judgment for Matthias Kirschner
Reprinted with permission from Daniel Pocock
Helping FSFE scam victims and conference organisers
Reprinted with permission from Daniel Pocock
Nigerian fraud in FSFE constitution
Reprinted with permission from Daniel Pocock
Worrying and Amusing Stories of "Clown Computing" Gone Awry
Many of these disasters could be avoided
Links 22/10/2025: Amazon Plans to Replace Workers With Robotics, AWS and Clown Computing in General Ridiculed
Links for the day
Gemini Links 22/10/2025: Niri Completely Changes Multitasking and Overview of Diff-ers
Links for the day
Links 22/10/2025: Study on Misinformation by Slop and Heavily Debt-Sabbled Microsoft OpenAI (ClosedSlop) Uses "Browser" as Gimmick/Distraction
Links for the day
They've Already Spent Close to a Million Dollars on Lawyers and Sent Us About 50 KG of Legal Papers (Sponsored by Mysterious Third Party) to Try to Censor Techrights, Without Success
They try to overcompensate with sheer volume for a lack of solid, clear arguments (we are the victims here)
12 Months Ago the 'Hulk Hogan of UEFI' Officially Went 'Tag-Team'
We're actually sort of flattered or proud that such despicable people are so desperate to censor us
"Cloud Computing" Was Always a Joke, But This Week Was the Punchline
Maybe stop following tech trends and fashions
"Cloud Computing" Does Not Mean Safety
Fault tolerance is related to the notion of software freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)