Bonum Certa Men Certa

When SUEPO Called the EPO a “Public Service Organisation Out of Control”

The inherent problems with the European Patent Office (EPO) are long-recognised problems

Benoît Battistelli
Photo via "European Parliament not fooled by hearing of the patent microcosm"



Summary: Recalling some of the past calls for caution regarding the European Patent Office (EPO) or the organisation as a whole

THE European Patent Office (EPO) has been controversial for quite some time. Not only EPO staff was complaining. The problem isn't SUEPO but is still Battistelli [pun intended] along with his buddies. The very fact that a clique of people managed to come into power with extreme force (Team Battistelli) is in itself a testament to the problems.



SUEPO logoAll those years SUEPO was able to co-exist with the management, but it's only Battistelli that could not tolerate such staff unions. He added to his team a notorious aggressor who refuses to even acknowledge SUEPO's existence. He also hired notorious union busters, Control Risks.

Looking around some older material we found Senftl and Hardon v. EPO [PDF] (ILO-AT from 2010). There's a long history of scandals there and also high staff turnover (we recently wrote about brain drain, or people moving around or leaving; even the recruiters themselves may be leaving as Iris Kindl was appointed Director Procurement only this spring). Hardon, however, is one of the well known veterans, having worked there for many decades. This is what probably makes her a very effective staff representative and an attractive scapegoat to Battistelli. She has seen a lot over the many years.

One interesting finding that we've managed to net is this old press release from almost a decade and a half ago. It speaks of structural issues in the organisation. To quote the press release:

A Public Service Organisation out of control?



As has been widely reported in the last few days, the European Patent Office appears to consider itself not to be bound by European Directives. In the specific case mentioned there was an alleged contravention of the Directive on Biotechnology in relation to European Patent EP-B1 0 695 351.

The European Patent Office is not part of the European Union



Although originally intended to be the authority charged with the grant of patent rights for the European Community, the EPO was created outside the framework of the European Union. As a result, the European Patent Office is in many respects an "autonomous state", which is not bound by any of the directives of the EU unless it so chooses. The "Head of State" is the President, Ingo Kober. He is responsible solely to the Administrative Council, a body made up of representatives from the 19 contracting states who are party to the European Patent Convention. This body is not democratically elected and is accountable only to the respective national governments. As a body created by a separate international treaty this body is not directly bound to any national or international law other than the European Patent Convention, the EPC.

Further loosening of democratic control is contemplated



This Administrative Council is currently contemplating far-reaching changes to the Eurpoean Patent Convention. These changes will effectively mean that in future the Administrative Council can decide autonomously on the future direction of the law governing the award of patent rights in Europe, and the very law by which it is governed itself. No agreement by the European Parliament or any other publicly accountable European organisation will be needed and, as in all deliberations of the Administrative Council, many of which are held in secret session, there will be no participation of society at large. This opens the door to uncontrolled wide-ranging changes to the European Patent System. Recent events suggest that these changes may be against the interest of European citizens.

The Administrative Council already fails to defend the interests of the European public



The Administrative Council has put the Office under pressure to grant patents as fast as possible, without, however, creating the conditions that would make it possible to recruit the necessary staff. This means that the existing staff, already working to their full capacity, are being put under pressure to examine cases faster and faster. With less time being allowed to consider the complicated technical and legal questions which arise in patent examination, it is to be feared that the standards applied will drop. Statements in the press attributed to an EPO spokesman acknowledge that increasing production pressure can indeed lead to errors. See for example:

http://news.bbc.co.uk/hi/english/uk/scotland/newsid_653000/653067.stm

www.tagesthemen.de/archiv/2000/02/22/sendung/tt-2230/meldung/gene.html

This could in turn lead to a larger number of patents of dubious validity ("junk patents"), thus impeding fair and open competition in the European Market, and hence threatening the employment market in Europe. This is however simply the tip of the iceberg. Lack of legal security for staff threatens standards The EPO is not bound by many of the laws or regulations that most of the citizens of Europe take for granted, such as the European Convention on Human Rights.

Some examples:
  • The Employment Law offers the staff extremely limited protection. Staff can be dismissed almost at will by the President and have no claims to unemployment pay or other social security payments:


  • Basic legal rights are ignored. The President is the ultimate ruler of the EPO. He is judge, jury and executioner. His decisions on matters within the office are final. Any decision made by the President can be enacted immediately. There is no "stay of execution" pending the outcome of appeal hearings. Sanctions are arbitrary and harsh. This makes the staff extremely vulnerable to pressure from the management in order to meet demands, e.g. by increasing output to a level beyond which it is possible to assure sufficient attention to detail.


  • European safety and health standards are not applied on EPO premises.
  • Even criminal law is disregarded: In 1995 the then President of the EPO physically attacked and injured a staff member, the Administrative Council of the EPO subsequently refusing to lift the immunity of the President.


Conclusion



The Administrative Council has shown a tendancy to treat the office as a commercial entity rather than as the public service organisation it is. This results in the continuing demands for ever more granted patents, while refusing to increase the resources of the European Patent Office accordingly. SUEPO, the Staff Union of the EPO soundly condemns this development due to the risks it poses to the quality of patent rights granted in Europe. It is high time that steps are taken to change the structure of the Organisation making it accountable for its actions to the citizens of Europe and their elected representatives.


This wasn't the only such strongly-worded statement. Nearly a decade ago the SUEPO public page was mentioning (snapshot from that time, along with others that sport the default Drupal theme) the governance of the EPO as an extremely heated debate:

On June 19th the staff of the EPO in Munich striked (photos…) against the undermining of the European Patent System by the body entrusted with its governance, the Administrative Council. Simultaneously there was a demonstration held in Bern, in front of the Swiss Patent Office - home of Mr. Grossenbacher, the Chairman of the Administrative Council. National and individual interests (many of which financial) are dominating the decision making process and making it increasingly difficult for staff to maintain a high quality output of valid patents. The issue of governance of the EPO and its effect on the future of the European Patent System is a topic of heated debate.



Here is a face-saving interview from around that time.

SUEPO's interview of Francis Hagel [PDF] is still online and it says:

Suepo: What effects (advantages / risks) does this combination of functions in a national and European offices have?



Francis Hagel: There are pro's and con's in any governance system. Certainly the fact that members of the Administrative Council are heads of national patent offices interested in the transfer of workload from the EPO raises a conflict of interest when such transfer is discussed by the Council. This may provoke criticism. However, the question is : what is the alternative ? A significant advantage of the current system, on the other hand, can be seen in the fact that the members of the Council understand very well the patent system and the operation of patent offices. Replacing the heads of national patent offices by public officials unfamiliar with the patent system and the operation of patent system, or involving the EU institutions in the governance of the EPO, could entail serious risks for the EPO.



SUEPO also published an interview of Dietmar Harhoff, who is introduced as "Munich innovation researcher and patent expert". He said [PDF] the following:

3. Internal EPO structures

The Administrative Council runs the EPO together with the President. Most of its members work at national patent offices.

What effects does this combination of national and European offices have?

Professor Harhoff: It is undoubtedly good that the European Patent Organisation benefits from the experience of national institutions and experts. However, there are problems, on principle, with the fact that the EPC contracting states, or rather their national offices, profit financially from EPO-granted patents by virtue of their 50% share of the renewal fees, yet simultaneously would have to approve any measures leading to a greater focus on quality and thus to fewer patents. That is indeed an unsatisfactory situation requiring correction in the long term. The whole fee system is characterised by cross-subsidisation: expensive examination is partly financed by renewal fees. That of course creates incentives to grant as many patents as possible. The Academic Advisory Council report did in fact criticise this.



Finally, here is an interview from 2007 with Dr Ulrich Schatz [PDF] (it's concluding with "The Central Executive Committee"). It is an interesting one that says:

(3) What should the relationship between the EU and the EPO look like?

[…]

From my experience over the last forty years, I can only warn against diluting that clear position, e.g. by making the EPO a subordinate EC agency. The Organisation would then forfeit its budgetary independence, which has so far ensured both Office and staff virtually ideal conditions in technical, accommodation and manpower terms. This would also put paid to any prospect of achieving a comprehensive and efficient European patent system including the post-grant phase as has been conclusively shown this past year by the EC's renewed failure to create a Community patent.



It's clear that for quite a long time now SUEPO has known about inherent issues inside the EPO. Now isn't a bad time to unearth old criticisms, many of which still apply and are relevant.

SUEPO has sincere, genuine concerns, not some efforts to maliciously scandalise its members' employer.

Recent Techrights' Posts

Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
 
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day