12.05.15

Gemini version available ♊︎

EPO All-Time Low: Memorandum From the Praesidium (of the Boards of Appeal) Complains to the Administrative Council About Latest Questionable Moves

Posted in Europe, Patents at 8:13 am by Dr. Roy Schestowitz

The Napoleonic President — not the boards — should be sent to exile

Napoleon Bonaparte
Napoleon Bonaparte surrounded by members of the Council of Five Hundred during the Coup of 18 Brumaire, by François Bouchot (drawing edited by us)

Summary: Tensions inside the European Patent Office (EPO) have increased to the point where the Administrative Council (AC) is directly contacted by the Praesidium regarding Battistelli’s outrageous plan to effectively send ‘unwanted’ (to him) people to ‘exile’

THE EPO‘s massive new propaganda budget (€880,000 in a year) is rather revealing (we included it in the image above). The EPO’s management has managed to convince itself that perception — not its behaviour — is the real problem. This helps explain the war on information itself and the war on people who ‘dare’ to speak out. It’s a war of occupation and forceful silencing of dissent thereafter.

Strolling around IP Kat, we often find interesting statements from EPO staff, enjoying the cover of anonymity. Patent “applicants in their droves are choosing to file their applications at the national offices,” wrote one person yesterday. “EPO management [is] monitoring telephone traffic at the desks of Examiners,” wrote another person, wondering if the management “intimidates its Examiners so much that such speed and efficiency is frustrated?”

“The EPO’s management has managed to convince itself that perception — not its behaviour — is the real problem.”A new article about judicial independence at the EPO was posted yesterday by Merpel. It speaks of the Praesidium of the Boards of Appeal. As Merpel put it: “The Boards take a very different view. Their Praesidium (overseeing body) has written to the AC members in frustration, disputing that they were properly consulted, and asking for their voices to be heard. Not unreasonable, given that it is they whose careers are on the line, and it’s their children who will have to move schools if they are relocated to Vienna, Berlin or anywhere else.

“…applicants in their droves are choosing to file their applications at the national offices…”
      –Anonymous
“Merpel reproduces the memorandum from the Praesidium below, which addresses the current proposal in depth, questions why their views have been largely ignored until now, and asks the AC to let the Boards present their views directly to the Council.”

One can find the full text in there, but here is the summary: “The Presidium is of the opinion that the proposed measures do not achieve the declared aims of increasing the Board’s autonomy and improving the perception of independence. What’s more, certain elements even cast further doubt on their independence and make them less independent than before. The most important legal question has not been answered yet – that of whether the proposed delegation of powers from the President of the Office to the President of the BoA can take place under the EPC. Further crucial aspects such as autonomy in budgetary and communication matters are not addressed.”

“…will the members of the Praesidium now be subjected to sessions with the Investigating Unit and subsequent disciplinary proceedings?”
      –Anonymous
This article raises all sorts of interesting questions and attracts interesting comments too.

Citing Battistelli’s crazy rules that deny access to his potential overseer (those who can sack him), one person asks, “will the members of the Praesidium now be subjected to sessions with the Investigating Unit and subsequent disciplinary proceedings?”

Here is a good comment:

Clearly, El Presidente is going for the big one: while he still can (before the political shit really hits the fan) he would like to ‘reform’ the BoAs in a ‘reasonable’ way which will ‘extend their independence’ by putting them at a physical distance from the rest of the administration.

This is, of course, the purest cant: as the assembled staff of DG3 point out, in common with his treatment of the rest of the EPO staff, Battistelli is at present deliberately trying to intimidate DG3 by:

1. Deliberately not filling vacant posts in DG3, which not only makes the allocation of work more difficult, but raises the question of who will be retained in post of those already in post;

2. threatening to move them to a new site (which, for reasons of service, they may not be able to oppose – see ServRegs, if you can find the relevant passages) – which may (will) ultimately lead to the resignation of many of these ‘turbulent priests’ (look it up).

Despite the apparent enshrinement in EPC of the independence of the boards, we see that there are, nevertheless, ways in which the president can apply pressure to DG3, even if this is not a direct pressure to individual members or chairman.

Is this really what the framers of the EPC intended? If not, Quo Vadis DG3?

Someone wrote in response to that: “The President´s paper is a perfect illustration of the way the Office is managed in general: profound disrespect for the staff concerned, shameless misrepresentation of facts, abysmal ignorance of elementary principles of law.

“Almost two years lost now, the AC desperately passive. The Boards of Appeal will never fit into the Unitary Patent system.”

Yes, here we have another reason why the Unitary Patent (or UPC) isn’t all that people imagine it would be. There are false promises, disseminated in irresponsible media (or media ‘for sale’) with the intention of manufacturing consent inside the EPO and outside it.

“I have been following this EPO story for some time,” another person writes, “and I agree with Merpel and the Presidium of the Boards. The only conclusion I can draw from the President’s paper for the Council is unfortunate: it looks like the President intends to mislead and deceive the Council, his supervisory authority. If that is correct, I personally believe the Council should dismiss the President.

“…it looks like the President intends to mislead and deceive the Council, his supervisory authority. If that is correct, I personally believe the Council should dismiss the President.”
      –Anonymous
“Unfortunately, the chances that the Council will do their job are slim. Some delegations will voice concerns, but in the end, the Council will very likely rubberstamp whatever the President has sent in. They have done it in the past, they will do it in the future. The only exception was the desired dismissal of the Board of Appeal member where they had obtained independent external advice.

“I will appreciate to be proven wrong, both on the President’s intention and the Council’s behaviour.”

It will be interesting to see if, as some people have warned me, the EPO will soon attempt to buy opponents (there’s a huge new budget for reputation laundering), which can in turn flip-flop on EPO coverage, either in expectation of monetary compensation or because a payment was quietly made. Watch out.

What looks like patent examiners or friends of some examiners are not exactly happy. “The story about a director effectively deciding a case looks quite incredible,” one of them wrote. Another one wrote: “This is how their management understands quality. #EPC trampled and spat upon. Oh but to serve the citizen of course.”

Congratulations to Sun King (Battistelli) for totally demolishing the EPO after Alison Brimelow left something which was at least working.

Protests by staff need to go on. There is at least one more next week.

“Ten people who speak make more noise than ten thousand who are silent.”

Napoleon Bonaparte

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  2. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  3. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  4. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  5. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  6. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  7. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  8. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  9. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  10. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  11. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  12. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  13. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  14. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  15. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  16. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  17. Links 31/01/2023: elementary OS 7

    Links for the day



  18. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  19. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  20. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  21. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  22. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  23. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  24. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  25. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  26. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  27. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  28. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  29. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  30. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts