Bonum Certa Men Certa

It's Official: Battistelli Will Leave the EPO in Less Than a Year

Battistelli out



Summary: Battistelli's position is up for grabs (see above), but it remains to be seen who takes this position and what Battistelli does afterwards

EARLIER today we wrote about the final day of strike and the lack of independence that ensues (not just judges' independence). Well, one thing the staff is almost guaranteed to have before the next Independence Day is independence from Battistelli (albeit not Team Battistelli, which might occupy the same position by succession).



Battistelli's 'notice of removal' -- so to speak -- was published on the planned date (as per the leaked document we received and published weeks ago) and Battistelli's protectors at IAM said: "Is this first time EPO President's job has been advertised? Usually candidates nominated by national governments."

Well, here is the ad from epo.org

The post of President of the European Patent Office falls vacant on 1 July 2018.

The President manages the Office, under powers laid down in the European Patent Convention (Article 10 EPC). The official languages of the European Patent Office are English, French and German.

Candidates must have a diploma of completed studies at university level and proven high-level management experience.


Some people suspect that Battistelli will try to sneak into some UPC-related position while assuring that some crony of his continues to run the EPO.

Regarding the UPC, we very much doubt anything at all will run by July 2018. There are constitutional issues in Germany and determination on the matter may come no sooner than January 2018, whereupon there are still barriers in Poland, Spain, the UK and so on.

The following new comment appeared today regarding the constitutionality of the UPC/unitary patent:

That discussion is to test the "imbalance" argument of Bross. ("A further point was the unjust imbalance...")

It seems to me Bross is arguing that even if the EPO boards were a court, the imbalance caused by the opponent getting two shots would be sufficient to render the EP/DE system as a whole unconstitutional.

Now replace EPO boards with BPatG and the argument applies in just the same way to the DE/DE system.

His other arguments also seem flawed. Whatever problem there may be with the EPO (or not), from a German national point of view it logically cannot affect the constitutionality of the UPC/unitary patent more than it affects the constitutionality of the EP/DE system. The role of the EPO is exactly the same in both systems.



"I had not understood the Professor's compliant to be based upon the mere existence of a "2 shots vs 1 shot" imbalance," said one response to that. "Instead, my understanding was that the complaint relates to the imbalance in the number of unappealable (and unconnected) decisions. It is that imbalance which has the appearance of unfairness."

They are still struggling to figure out what the barrier is all about. The less they know (opponents of a sane patent system and proponents of UPC chaos), the better...

In another thread, this one about the UK and brexit, the following was said today:

Anon - all of the previous legislative steps that you mention occurred prior to both the EU referendum and the triggering of Article 50. Thus, given that the UPCA requires its PMSs to be EU Member States, one would have thought that it would be eminently sensible for the JCSI (and/or the committee of the commons or Lords) to conduct a quick check of whether the UPCA stands any chance of surviving.

Whichever way you cut it, the current UPCA is unworkable post-Brexit. Given that there is no amended UPCA (nor any prospect of such an amended Agreement being drafted, agreed and ratified in the near future), why on earth would Parliament contemplate giving the government the green light to ratify something that looks like it will be pronounced (by the CJEU) dead on arrival?

If your argument is merely that procedural rules prevent the various committees applying common sense, then what does that say about the current rules? Personally, I would have thought that the unexpected arrival of an existential threat to the UPC (ie Brexit) justifies "bending" the rules a little to allow for an assessment of the UPCA's chances of survival.


Our UPC predictions have always been correct (so far) and we expect nothing to really get off the ground before Battistelli's tenure is over (or ever). That penthouse he build for himself at the expense of contractors may still be enjoyed by Team Battistelli, but not Battistelli himself.

Recent Techrights' Posts

Social Control Media is Just a Digital Weapon
Social control media is not social and not media
 
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
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
When It Comes tom Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
"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
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day