Bonum Certa Men Certa

EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

Battistelli himself broke the law, discrediting any notion that EPO complements patent law

Faces of cards



Summary: Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality

YESTERDAY afternoon the EPO published its latest nonsense (warning: epo.org link). "EPO publishes Quality Report 2017," the headline said. That's like North Korea releasing its "democracy" report. Remember that the EPO now has something called the “Working Party for Quality” [1, 2] because the Office has been reduced to just lying (left right and centre) before crooked Battistelli leaves the helm.



The timing of this publication might not be a coincidence considering last week's letter and resultant press coverage (bemoaning patent quality). Staff generally agrees with concerned stakeholders thar patent quality has sunk. Alas, as usual, the EPO is just taking the piss and is nowadays 'googlebombing' the word "quality" with the sole intention of lying, lying, and lying. In the face of facts all they can do is lie. Repeatedly. A lot.

"The EPO has published the second edition of its dedicated Quality Report," it wrote in Twitter. "Compared with the 2016 edition, the report provides more extensive information on existing and new measures to deliver high-quality products and services."

They conflate stuff like "timeliness" (i.e. how quickly they recklessly grant or reject) with "quality". In many ways, quick grants (permitting less time for public input) are likely of a lower quality, but never let "nasty" facts get in the way of "good" propaganda. In the EPO's own words (same as in Twitter):

The EPO has today published the second edition of its dedicated Quality Report. Compared with the 2016 edition, the report provides more extensive information and details on existing and new measures to deliver high-quality products and services.


Are there really "high-quality products and services"? Not according to stakeholders. What does staff say? Look no further than EPO-FLIER 37, which is new and we have decided to reproduce below. It serves to show how detached the EPO really is from the Rule of Law. It even attacks judges.




EPO FLIER No. 37



The EPO-FLIER wants to provide staff with uncensored, independent information at times of social conflict

Battistelli’s record: legal harassment and retaliation



12 June 2018

The EPO’s current president, Mr Battistelli will long be remembered for riding roughshod over staff’s rights and for his acts of revenge against anyone who tried to stop him. Simultaneously acting as accuser, prosecutor and judge, he could count on the zealous assistance of PD-HR Elodie Bergot. His brutal management methods have transformed a former model international civil service organisation into an Orwellian dystopia.

Interference with the internal appeals system

In 2014, the workload of one of the members of the Internal Appeals Committee (IAC)1 had (been) increased to a point where there was not enough time to fulfill his duties as an IAC member. These duties include “completing opinions or dissenting opinions following the hearings and sessions within the deadlines provided.”2 The member, who had been nominated by the Central Staff Committee (CSC), informed the IAC chairman that he was not able to attend a number of oral hearings because his workload was too heavy, including a significant backlog of dissenting/minority opinions2. VP4 and VP5 then publicly accused the CSC’s nominees and claimed that they would “not duly support the procedure”3. The CSC nominees subsequently resigned from the IAC. PD-HR suspended the (former) member who had suffered from his heavy backlog and threatened another one with a disciplinary measure3. The staff made its voice heard through five demonstrations within a single month. They claimed respect for the rule of law and freedom of association.

The IAC continued in a three-member composition - without members nominated by the CSC. Probably not a coincidence: the overall success rate for internal appeals dropped from 25% in 2013 to 11% in 2014 (see table).

In 2015, Mr Battistelli nominated two staff representatives to the IAC who had volunteered for the job upon his request. While the IAC then acted again in a five-member composition, the overall success rate dropped further to 2%.

The three-member composition and the five-member composition with volunteers were both successfully appealed3,4. In ILO Judgments No. 3694 and 3785 the Tribunal found that the composition was not balanced and sent the cases back to the EPO so that they could be examined by an IAC “composed in accordance with the applicable rules”5.

The non-functioning of the IAC left visible traces in the appeal statistics:

2013

2014

2015

IAC opinions

25%3

11% (20/175)1

2% (4/194)6

Final decisions

10% (14/141)2

2% (18/139)6

1% (2/243)6



Table: Development of the success rate of internal appeals (allowed or allowed in part): opinions of the IAC and final decisions taken by the president (the number of cases are indicated in brackets).

The president’s decisions on internal appeals

The final success rate, i.e. after decision by the president, dropped from 10% in 2013 over 2% in 2014 to a miserable 1% (!) in 2015. The EPO’s Board of Auditors commented the 2015 numbers with the following words: “The number of cases in which the Appeals Committee opinion and the final decision of the President differed was lower than last year.”6 What they did not say was that the IAC had left only a few occasions where Mr Battistelli could deviate from their recommendation, unless he wanted to reverse some of the IAC’s negative opinions to demonstrate his ‘immeasurable goodwill’ towards his staff.

Investigations, suspensions and disciplinary proceedings

In December 2014, President Battistelli suspended a Boards of Appeal (DG3) member and imposed a house ban on him. During the preceding secretive investigation, the Office had made use of cameras and keylogging in a semi-public area, and the investigative unit had consultated the data protection officer retroactively to have their covert surveillance action authorised8. In 2015 and 2016 the president and the Administrative Council (AC) made three attempts9, all spectacularly unsuccessful, to have the board member removed from office.10 They retroactively changed the regulations so that the DG3 member could be suspended for longer. During the disciplinary proceedings, the president refused the accused the right to hear witnesses10 - demonstrating a terrifying disregard for legal process in what is in effect an organisation set up to implement a set of laws. In December 2017, through Judgments No. 3958 and 3960 the Tribunal quashed the suspension, and observed - in highly critical tones for the ILO - that the president had a major conflict of interest so that he should not have been involved in the matter.

2015 saw public demonstrations of Munich staff, organised by the staff union SUEPO, in an almost monthly rhythm. In November 2015 president Battistelli suspended three staff representatives (committee members of SUEPO Munich) and imposed a house ban. A few days later, two officials of SUEPO The Hague were summoned to make statements before the EPO’s Investigation Unit, sent by the president. The Register noted that “it was the mass protest that appears to have been the spark that lead the heavy legal response from the EPO.”11

In January 2016, after disciplinary proceedings based on secretive investigations, President Battistelli fired two of the suspended Munich staff representatives and downgraded the third12.

Various newspapers and TV programmes13 became aware of the situation and reported on the continued staff protests and the machinations at the EPO. In a letter14 to the AC, the Dutch Institute of Patent Attorneys criticised Mr Battistelli for his “intolerant and destructive people management style” and expressed that they “sincerely believe that the current situation at the EPO has spun out of control by the actions of its President.” They urged the Administrative Council “to stop the President of the EPO from continuing these unproductive and destructive practices.”

In March 2016, the AC passed a resolution15 instructing the president “to ensure that disciplinary sanctions and proceedings are not only fair but also seen to be so” and “before further decisions in disciplinary cases are taken, to […] make proposals that enhance confidence in fair and reasonable proceedings and sanctions”.

But in November 2016, despite the Council resolution and all other protests, President Battistelli fired another staff union representative, this time an official of SUEPO The Hague.16,17

In a letter18 to the Netherlands Parliament, Dutch foreign minister Bert Koenders claimed that the social situation at the EPO would have to improve soon and the disciplinary measures taken against staff union officials should be reconsidered.19

What comes next?

The ILO-AT has the final say. It held its 126th Session from 23 April to 18 May 2018. The Tribunal’s judgments on several prominent cases will be delivered in public on 26 June 2018 at 3 p.m.

The pattern of institutional harassment and retaliation against staff union officials cannot have escaped the judges’ attention.

But the last batch of ILO judgements caused more than a few raised eyebrows as they seemed, if not to condone the aggressive actions of the EPO management, at least to avoid expressing any strong criticism, let alone providing anything that would resemble any meaningful relief to the appellants. Hopefully this was just a “blip” and more measured decisions will be handed down in the 126th Session. _____

1 The IAC is composed of five members, the chair and two members being nominated by the president, and the remaining two members being nominated by the CSC



2 ILO Judgment No. 3971 (see eg considerations 12 and 16)



3 Non-functioning of the Internal Appeals Committee – the story behind Communiqué 12/16 (SUEPO Munich, 06.12.2016); in a Communiqué of 30.09.2014, VP4 and VP5 said that “CSC appointees are putting artificial hurdles to the daily functioning of the IAC, e.g. providing minority views by documents redoing the opinion, thus duplicating the work already done.



5 These judgments forced the EPO to reform its internal justice system. This was done through CA/D 7/17 which stipulates that the IAC shall be chaired by external judges or lawyers. But the current system still contains some significant flaws; see eg EPO-FLIER No. 31 Reform marathon continues, 27.06.2017 (www.epostaff4rights.org)



6 Reports of the Board of Auditors of the European Patent Organisation on the 2015 and 2016 accounting periods (CA/20/16; CA/20/17)



7 Report on the European Patent Office’s review and internal appeal procedures (CA/21/15)





Recent Techrights' Posts

Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
 
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well
Getting Skyped: Closure of Studios Microsoft Bought
wait till July and the mass layoffs outside XBox
Several Waves of Red Hat Layoffs This Year, Is This Still Going on Under IBM?
The PIPs and NDAs hard to get a clear picture
Sabine Hossenfelder Versus IBM Scamming Shareholders
IBM has become a garage of BS
Some XBox Layoffs Underway, At Least Five Studios to be Shut Down
Insiders are in a state of panic
Gemini Links 30/06/2026: Music Theory, Addiction, Clown Computing
Links for the day
Links 30/06/2026: France Recorded 1,000 Excess Deaths During Heat Wave, Slop Replaced by Human Staff
Links for the day
WordPress Becoming What We Feared It Would Become
WordPress and other such bloatware (WordPress used to be fast and light) are moving in the same trajectory that GAFAM leads
People Given the Totally Wrong Idea That "Secure Boot" is About Security (It's the Opposite, It's About Handing Control Over to NSA/Microsoft)
"Secure Boot" with capital "B" is conflating compromise with security.
Today The Register MS is Publishing Fake Articles About "AI", 100% of All "Content"
Maybe the media is dying because it is selling its soul [...] The Register MS has no standard
America Has Cost Europe Too Much
Countries ought to be controlling all their own systems
GAFAM Debt Will Surge, in July We'll Know by How Much
Do not fall for slop or sloppy narratives
Call for European Patent Office (EPO) Whistleblowers
The European Patent Organisation (EPO) might not reform the Office
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Too Many "Marketers on the Payroll" at IBM, Selling Impossible Products That Cannot be Delivered or Will Never Deliver
IBM is rotting away
Media Says Microsoft's (XBox) Layoffs May be Record-Breaking
think somewhere in the range of ~5000 for gaming/XBox alone
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026