Bonum Certa Men Certa

European Media Covers the Latest EPO Scandal and the EPO's Refusal to Obey Orders of a Court

Presidential trends of 2017...

Refusal to Obey Orders of a Court



Summary: European media is starting to catch up with the latest from ILO and the great importance not only of the rulings but also the EPO's response to these

THE latest EPO scandal is an unfinished story. Expect strikes next week (at least one in Munich) and plenty of discussion in the European press. The case is extraordinary because the EPO basically rejects a court's ruling. It reinforces the stigma associated with the EPO. We wrote 5 articles about this yesterday:

  1. ILO is 'Forcing' Team Battistelli to Compensate the Banned Judge and Give Him Back His Job
  2. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court's Orders (Again)
  3. ILO Said Give the Judge His Job Back, But Christoph Ernst's Administrative Council Will Likely Let Him Go (Unemployed)
  4. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)
  5. Battistelli's EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)


Plus 3 so far today:

  1. EPO Scandal Spills Over to Irish Media, So It's Time for the Backstory
  2. SUEPO Announces Protest, EPO Distracts From the Scandal, and Readers Spill the Beans
  3. Antonius Tangena From the European Patent Institute (EPI) 'Aids' Željko Topić's Appointment at the European Patent Office (EPO)


Expect much more on this subject. Over the weekend we'll also release some more documents.

Mathieu Klos of JUVE has meanwhile published this article, which he summarised in English as follows: "Lawyer of suspended EPO-judge demands reinstatment - immedeatly [sic] our report..."

So German media now covers the latest scandal in Munich. Expect French/Dutch media to join in. Earlier today the British media revisited the subject (second time this week) and wrote about the refusal to obey the court's orders, then some words from the Central Staff Committee:

Despite the ruling however, which explicitly stated he should be handed back his user ID and be allowed to access EPO buildings effective immediately, when Corcoran turned up at the EPO's Isar Building in Munich after lunch on Thursday – reportedly to have a cup of tea with colleagues – he was turned away by the head of the EPO's security who reportedly informed him that she was under instructions to ignore the court order.

[...]

In the meantime, the EPO's staff union Central Staff Committee has written a letter to EPO management and the Administrative Council arguing that the ILO rulings demonstrate that Battistelli cannot be allowed to enact any further reforms before his term ends next year.

The letter highlights the (many) criticisms of Battistelli within the ILO's rulings. "We cannot help but interpret the judgments both as a massive motion of no confidence in the President of the Office and a warning letter to the AC," the letter states and argues that the council was "misled about essential points" in the Corcoran case by Battistelli.

"We have repeatedly warned against the content and pace of major reforms which have been pushed through without genuine consultation," the staff representatives note, while pointing out that even if the EPO does follow the ILO's judgments (which, so far, it has not), that they still do not address the underlying governance problems at the EPO.

"The ball is now with the AC," the letter concludes, "which urgently has to answer the following question: should these reforms be left to a President and team having such a record of performance?"


The Register has already attracted many comments about ILO and what some people within the comments suspect to be AstroTurfing from the EPO (or a PR firm).

One person asked: "What are the sanctions going to be? If the ILO have no power to impose sanctions then they are pissing in the wind."

A lot of the comments are abusive or distracting. A few comments in Kluwer Patent Blog are the same. Well, the author of the article then responded to some "aggressive" (ad hominem) comments as follows:

Thanks for your aggressive queries. I had three separate sources confirming what happened earlier today. I don't know whether you've been following events at the EPO, but for several years its management has been aggressively investigating and disciplining staff that criticize its president or his reform plans. As a result, people aren't all that keen on having their names published. As for the ILO decisions, the organisation put out a news alert and a special announcement that it would be revealing the results of 8 cases a month earlier and in pubic. It said 5 of those 8 were about the EPO. It also live streamed the meeting on YouTube. I found out about both these events because I am a journalist and that is what I do for a living. Hope this helps.


One person responded to this article by asking: "Will Member States and EU put the final nail on the coffin of fundamental justice for EPO workers? Let them do that soon then."

Over at Kluwer Patent Blog, "Concerned observer" expressed his/her belief that the EPO will simply disregard a court's decision again (in spite of political pressure and staff protests). To quote:

This could be where we enter interesting territory. Article 19(2) of the PPI of the EPO reads as follows: “The President of the European Patent Office has the duty to waive immunity where he considers that such immunity prevents the normal course of justice and that it is possible to dispense with such immunity without prejudicing the interests of the Organisation. The Administrative Council may waive immunity of the President for the same reasons”.

From the long and tortured history of the case of the “judge” that was the subject of the ILO’s judgements, there are several points where it is clear that the national courts could have a role. I shall give two examples.

The first is the alleged “defamation” of the President. Whilst immunity has not stopped senior EPO management from trying to sue in the national courts, it is a far from ideal state of affairs. That is, it creates an inequality of arms: the management can sue (and make allegedly “defamatory” comments in the course of doing so), but are immune from counter-suits. This is a powerful reason to strip the President of his immunity in connection with the case of the “judge”: if Mr Battistelli TRULY believes that he has been defamed, then the best way to sort it out will be in the national courts … but the price for pursuing this course of action will be loss of immunity from counter-suit. A fair compromise, no?

A second point on which the national courts may have a role is the manner in which the “evidence” against the judge was gathered. I for one would be keen to ensure that the EPO is not able to “snoop” on me (and my confidential communications) if and when I ever enter the EPO’s premises. I very much doubt that I am alone here, meaning that there is a strong public interest in ensuring – through investigations by national authorities and, if necessary, by prosecutions in national courts – that the management of the EPO is rendered incapable of authorising monitoring activities that break EU laws.

On both of these points, it is perfectly possible to conclude that “immunity prevents the normal course of justice”. Thus, the only question that remains is whether “it is possible to dispense with such immunity without prejudicing the interests of the Organisation”. That one is easy to answer too: the Organisation has an overriding interest in maintaining a good reputation. It will be impossible for the Organisation to do that without taking positive action to expunge the stains that have been left from the case of the “judge” that was subject to a house ban.

In the light of all of this, I suppose that the only relevant question to ask will be: which “excuse” will the AC come up with this time for not taking any action?

My bets are on no “excuse” at all. That is, I predict that they will simply ignore the judgement (like they did with the judgement of the Enlarged Board of Appeal which concluded that the President’s actions compromised their judicial independence). There is a grave danger for the AC if it chooses this path, though. This is because this issue will simply not go away, meaning that inaction on the part of the AC will only prompt further questions. These may well include questions relating to whether the AC is performing its function, and if not why not.

Of course there is nothing whatsoever for the AC to fear if there is nothing to see here – that is, no (financial) impropriety of any sort, nor any “conspiracy” to cover up misdeeds. But what are the chances of that?


We warmly welcome any more information on this subject. There's more that we already know and intend to publish soon. It's somewhat liberating to know that a lot of "dirty laundry" can come out now.

Recent Techrights' Posts

What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025