01.04.16

Gemini version available ♊︎

Shedding Light on the Secretive Mock Trial of Elizabeth Hardon and Others (EPO Union Busting)

Posted in Europe, Patents at 9:52 pm by Dr. Roy Schestowitz

The EPO’s management metaphorically sets up the firing line right now

“Serious sport has nothing to do with fair play. It is bound up with hatred, jealousy, boastfulness, disregard of all rules and sadistic pleasure in witnessing violence. In other words: it is war minus the shooting.”

George Orwell

SUEPO reps

Summary: The despicable union-busting actions by the EPO’s management are advancing to their next stage while no journalists and probably not even EPO staff (having just returned from holiday) pay attention

FOR THOSE WHO do not know this yet, union busting at the European Patent Office (EPO) is now being dressed up as an "investigation", with harassment against staff representatives and incredible accusations (see this original J’accuse) that we wrote about before on numerous occasions. The first in the firing line is Elizabeth Hardon, possibly because of her popularity and exceptionally long service at the EPO (the higher the profile of the scapegoat, the greater the deterrence, as per decapitation strategy or decapitation strike). Elizabeth Hardon knows that this is unjust (a lot of guilt by association and personal attacks based on very old events) and we previously published her lawyers' response. We also shared other related documents to help convince our readers that Hardon is merely a scapegoat. The guilt by association is established (see the original J’accuse) by associating Hardon with another person who is likely innocent, whose only ‘offense’ as far as we can tell is that he anonymously (for his own protection) contacted delegates to warn them about serious abuse at the EPO’s management (a very just and defensible claim, based on very extensive and ever-broadening evidence).

“The first in the firing line is Elizabeth Hardon, possibly because of her popularity and exceptionally long service at the EPO (the higher the profile of the scapegoat, the greater the deterrence, as per decapitation strategy or decapitation strike).”I too have written to delegates. I wrote to them about the EPO's attacks on yours truly. Yes, the EPO isn’t just attacking inwards (e.g. staff representatives and judges) but also outwards. They’ve got some nerve! This is not consistent with European standards on anything. The EPO is now just a rogue entity, whose closest institutions (in terms of ethical parity) are probably entities like GCHQ or the CIA, with many notorious undercover operations. This is what we now have at the very heart of Europe, so everyone in Europe should be up in arms over it.

Several delegates from several countries have been in touch with yours truly, a European citizen. I attempted to explain to them the severity of the situation (impacting me personally but also others). One delegate said to me this morning, “I would like to assure you that we are currently paying increased attention to all the issues related to EPO governance. Your complaint has been forwarded to the Chairman of the AC EPO.”

“The problem isn’t SUEPO; the problem is the EPO’s management. Patent lawyers and inventors all agree on that. Unless we haven’t spoken to enough of them.”Despite public optimism, and increased/improved awareness of the situation among delegations, the EPO management wants to toss out SUEPO representatives in less than two weeks. This isn’t justice, it’s just akin to Martial Law. The EPO declares a crisis and then tries to blame and eventually literally attack those whom it views as a destabilising force (irrespective of the legitimacy of the claims of this force). We have been contacted by European inventors and patent lawyers over the past week and they too are worried by the situation. Not only patent examiners (and other EPO staff) fear the consequences to the reputation and function of European patents. The problem isn’t SUEPO; the problem is the EPO’s management. Patent lawyers and inventors all agree on that. Unless we haven’t spoken to enough of them. It doesn’t take a genius to realise that SUEPO speaks truth to power, hence it suffers retribution.

I shall continue to exercise my right as a European citizen to communicate with delegations. “Remember that the AC is full of non-politicians,” one person reminded me, but that can be seen as a good thing, except many are (patent) lawyers from their national patent offices (this in itself isn’t a big issue).

Now that the staff representatives are under attack (the New Year has brought no reprieve, only silence that serves the silent accuser) we encourage everyone in Europe to contact local delegates (all the contact details are here). Time is crucial as later today Elizabeth Hardon will be filing her response to the EPO’s J’accuse. “This is the deadline for her response,” someone reliable told us. “She is planning to share it with staff on the 12th/13th of January and a final decision from the EPO on her job is due out on the January 17th.”

Since the papers are to be dealt with and decided on by the accuser (judge and executioner too), what kind of a trial is this? It’s a mock trial, theatre, show trial, or whatever. No wonder it’s kept under the wraps, so closely guarded as though transparency of the court would in itself be some kind of heinous crime.

“I shall continue to exercise my right as a European citizen to communicate with delegations.”The EPO’s management will try to paint this “investigation” or “justice”. This would be a colossal injustice however. It would be a shame to Europe; an embarrassment! It could be one among more to come as there are interestingly and increasingly absurd cases involving the other two staff representatives (photographs of them are shown at the top). The firing line has a line not only of shooters (Bergot et al) but also a line of people to be metaphorically shot. Don’t forget the judge whom the EPO has nothing substantial against (except some potentially fabricated allegations, put on a USB stick that they claim to be his). So who’s the “sniper”, Bergot? Who’s acting like an armed “Nazis” now? Which party is acting violent? So desperate to guard an unspeakable career hop [1, 2, 3, 4] rather than resign? The hypocrisy needs to stop the the unjust suspensions need to be dropped, not extended. If in order for these suspensions to be dropped Team Battistelli needs to be sacked in bulk, then so be it. It would be “good riddance” and a positive signal from the EPO, whose public view now rightly competes with FIFA’s (among those who are sufficiently well-informed, not just regarding football).

Just released by the EPO’s Web site team is what Mr. Kongstad (AC Chairman) had done [PDF], elongating suspensions. This is Battistelli’s wishlist, changing rules to suit his agenda as he goes along. Welcome to North Korea. Here it is as text:

CA/D 18/15

DECISION OF THE ADMINISTRATIVE COUNCIL
of 17 December 2015
amending Articles 2 and 95 of the Service
Regulations for permanent employees of the
European Patent Office

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention, and in particular Articles 10(2)(c), 11 and 33(2)(b) thereof,

Having regard to the Service Regulations for permanent employees of the European Patent Office (hereinafter referred to as “the Service Regulations”), and in particular Articles 2 and 95 thereof,

On a proposal from the President of the European Patent Office, submitted after consulting the General Consultative Committee,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2(6) of the Service Regulations shall read as follows:

“The President may extend the terms of office of all members of the bodies under paragraph 1(b), (c), (d), (f) and (g) beyond the duration defined in the applicable provisions of these Service Regulations, within the limits of the terms of office of the Staff Committee members.”


Article 2

Article 95 of the Service Regulations shall read as follows:

“Article 95

Suspension

(1) (unchanged)

(2) (unchanged)

(3) A final decision in the proceedings shall be given within the following period, as from the date of the decision to withhold remuneration:

(a) 4 months for those employees whose appointing authority is the President;

(b) 24 months for those employees whose appointing authority is the Administrative Council. This period may be extended in exceptional cases by decision of the Administrative Council. If no decision has been given by the end of the period specified under (a) or (b), the employee shall again receive his full remuneration.

(4) (unchanged)

(5) (unchanged)”


Article 3

This decision shall enter into force on 17 December 2015. It shall have immediate effect. This immediate effect shall include suspensions decided under Article 95 of the Service Regulations and which are ongoing on the date of entry into force.

Done at Munich, 17 December 2015

For the Administrative Council
The Chairman

Jesper KONGSTAD

Suspension has therefore been formally extended to “24 months”, as we pointed out before. It serves to further weaken supervisory departments or functions. As one comment put it the other day:

At the recent EPO Caselaw Conference in Munich I was surprised how many of the audience were from locations outside Europe, and from courts and Patent Offices rather than patent attorneys in private and company practice.

In the USA, as we know, the post-issue inter-partes proceedings at the USPTO feature very limited scope to amend. At the EPO, the Boards of Appeal are increasingly strict about admitting claim amendments to the proceedings. Even when they do, the only claims given any attention are the independent claims. If one of those is bad, the whole patent goes down.

I suspect that judges in other jurisdictions are influenced by what is discussed at Conferences such as the one in Munich at the end of last year, without necessarily grasping that in a self-sufficient jurisdiction, every element of the procedure (like “Auxiliary Requests” at the EPO) interacts with every other element. You can’t fairly “Pick and Mix” but these days I fear that there is far too much picking and mixing going on.

Jurisdictions try in good faith to keep on trend and reach international standards, but understanding well enough how the law is made in several foreign jurisdictions, both civil and English law, is beyond human capability.

But as of now, declining to look at dependent claims is “Flavour of the Month”, isn’t it?

Worth noting, as per the above, that conferences about the EPO were full of “audience [...] from locations outside Europe, and from courts and Patent Offices rather than patent attorneys in private and company practice.”

“It serves to further weaken supervisory departments or functions.”It’s quite revealing, isn’t it? The EPO does not quite prioritise Europe’s interests and it shows. Remember who’s excited about the UPC. There are legitimate concerns here. Earlier today we found this newly-published press release that relates to controversial cancer patents in the EPO. Cantargia, the grantee, is a Swedish company whose main bragging right at the moment (see their homepage) is a patent they got. There are no products mentioned in the site and the press release says “a European protection exists until 2032 and covers Cantargia’s method to utilize IL1RAP as a target molecule for treatment and diagnostics of solid tumors.”

We have already written about the EPO’s cancer kerfuffle (and compared its management to a tumour inside Europe). Thankfully, this long ongoing series, titled “Insensitivity at the EPO’s Management”, is far from over and will most likely resume later this month. It has a lot to do with cancer.

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. [Meme] Cannot Get a Phone to Work... in 2022

    Sirius ‘Open Source’ wasted hours of workers’ time just testing the phone after it had moved to a defective system of Google (proprietary); instead of a rollback (back to Asterisk) the company doubled down on the faulty system and the phones still didn’t work properly, resulting in missing calls and angst (the company just blamed the workers who all along rejected this new system)



  2. [Meme] Modern Phones

    Sirius ‘Open Source’ is mistaking “modern” for better; insecurity and a lack of tech savvy typically leads to that



  3. The ISO Delusion: Sirius Corporation Demonstrates a Lack of Understanding of Security and Privacy

    Sirius ‘Open Source’, emboldened by ISO ‘paperwork’ (certification), lost sight of what it truly takes to run a business securely, mistaking worthless gadgets for “advancement” while compelling staff to sign a new contract in a hurry (prior contract-signing scandals notwithstanding)



  4. Links 26/01/2023: LibreOffice 7.4.5 and Ubuntu Pro Offers

    Links for the day



  5. Links 26/01/2023: GNU poke 3.0 and PipeWire 0.3.65

    Links for the day



  6. IRC Proceedings: Wednesday, January 25, 2023

    IRC logs for Wednesday, January 25, 2023



  7. Companies Would Collapse Upon Abandoning Their Original Goals (That Attracted All the Productive Staff)

    Staff with technical skills won't stick around in companies that reject technical arguments and moreover move to proprietary software in a company that brands itself "Open Source"



  8. [Meme] Listen to Your Workers, Avert Disaster

    Companies that refuse to take input from staff are doomed to fail



  9. The ISO Delusion: When the Employer Doesn’t Understand the Company's Value Proposition (Building Systems) and Rejects Security

    Sirius ‘Open Source’ has failed to sell what it was actually good at; instead it hired unqualified people and outsourced almost everything



  10. Links 25/01/2023: NuTyX 23.01.1 and GNU Guile 3.0.9 Released

    Links for the day



  11. Links 25/01/2023: Stratis 3.5.0 and Many Political Links

    Links for the day



  12. New Record Low: Only One 'Linux' Article in ZDNet in More Than Two Weeks

    Only a few years ago ZDNet published about 3 “Linux” stories per day (mostly FUD pieces); now it’s a ghost town, painted in ‘alien green’; considering ZDNet’s agenda (and sponsors) maybe it’s better this way



  13. Links 25/01/2023: Pale Moon 32.0 and DXVK 2.1

    Links for the day



  14. IRC Proceedings: Tuesday, January 24, 2023

    IRC logs for Tuesday, January 24, 2023



  15. ISO Certification Hardly Tackles Any of the Real Issues

    The real-world threats faced by private companies or non-profit organisations aren't covered by the ISO certification mill; today we publish the last post on this topic before proceeding to some practical examples



  16. [Meme] Medical Data Sovereignty

    What happens when your medical records/data are accessible to a company based abroad after a mysterious NDA with the Gates Foundation? The International Organization for Standardization (ISO) does not mind.



  17. The ISO Delusion: Sirius Open Wash Ltd. and Medical Data/Projects at Risk/Peril

    Sirius ‘Open Source’ was good at gloating about “ISO” as in ISO certification (see our ISO wiki to understand what ISO truly is; ISO certification needs to be more widely condemned and exposed) while signing all sorts of dodgy deals and lying to clients (some, like the Gates Foundation, were never mentioned because of a mysterious NDA); security and privacy were systematically neglected and some qualified as criminal negligence (with fines/penalties likely an applicable liability if caught/reported)



  18. Links 24/01/2023: Wine 8.0 is Ready, FSF Bolsters Copyleft

    Links for the day



  19. Azure Has Layoffs Again, Microsoft Still Cutting

    Even supposed ‘growth’ areas at Microsoft are being culled (this growth is faked, it is a lie)



  20. Links 24/01/2023: Tails 5.9 and ArcoLinux v23.02

    Links for the day



  21. Links 24/01/2023: GStreamer 1.22 and Skrooge Gets New Site

    Links for the day



  22. IRC Proceedings: Monday, January 23, 2023

    IRC logs for Monday, January 23, 2023



  23. The Inside(r) Story of ISO 'Certification' Mills

    Based on my experiences inside Sirius ‘Open Source’ — as I was there for nearly 12 years — I finally tell what I’ve witnessed about ISO certification processes (see ISO wiki for prior experiences)



  24. [Meme] ISO Selling 'Reputation' to Small Businesses (for a Large Fee)

    As we’re hoping to demonstrate throughout the week, ISO certification is, in practice, worse than worthless (just a waste of small businesses’ resources, much like patents); call it the ‘ISO tax’, an artificial barrier to entry that boils down to money



  25. [Meme] ISO Certification for Paying for Certificates on Time

    ISO is a phony authority; it makes business by issuing mostly worthless paperwork that wastes people’s time and accomplishes nothing (except making ISO in rich Switzerland even richer)



  26. The ISO Train Wreck at Sirius 'Open Source'

    Before we proceed to showing how Sirius ‘Open Source’ blatantly ignored security and privacy we wish to show how ISO (see ISO wiki) basically ‘sold’ a certificate to Sirius — this is like a “diploma mill” but something that’s for businesses, not individuals



  27. Sirius Lying About ISO to Justify Giving the Technical Staff Some Classic 'Bullshit Jobs' While Censoring/Covering Up Incompetence

    Sirius ‘Open Source’ has long used “ISO” — and sometimes “GDPR” — as catch-all excuses for all sorts of nonsensical policies; does ISO realise the degree to which it is being misused by incompetent 'box tickers'?



  28. Links 23/01/2023: mozilla.org's 25th Anniversary and IceWM 3.3.1 Released

    Links for the day



  29. Report: The So-called 'Linux' Foundation is Reducing Focus on Linux

    The so-called ‘Linux’ Foundation is reducing its focus on Linux and is instead busy promoting Microsoft, Facebook, and other interests that GNU/Linux users strongly dislike



  30. Links 23/01/2023: Fwupd 1.8.10

    Links for the day


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