EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.25.16

The English Version of the Central Staff Committee’s Open Letter to the Praesidium of the Administrative Council Regarding Battistelli’s ‘Social Study’ EPO Propaganda

Posted in Europe, Patents at 9:16 pm by Dr. Roy Schestowitz

Flipping narratives to support an abusive regime

Korean War propaganda
The classic “killing babies” Korean War propaganda. Designer: Xu Ling (徐灵) ca. 1950

Summary: Many staff representatives at the EPO point out to the Praesidium of the Administrative Council that what Battistelli calls Social Study is actually self-serving propaganda which is not credible

At the end of last year the Praesidium got involved as EPO abuses were becoming un-ignorable, even to the Council. It wasn’t long thereafter that staff representatives wrote to the Praesidium (we published the original, i.e. German, version of it).

“For a strong, legitimate, widely-respected EPO the tyrants need to go away and leave the highly-educated patent examiners in good, well-meaning, caring hands.”The Battistelli-led and nearly North Korea-inspired management seems to believe it can convince the public that EPO staff is happy, or that only a "vocal minority" is upset (Ms Lefèvre is involved in this propaganda). Now, remember the so-called ‘Social Study’? They even call it a “study”, as though it’s academic. It’s safe to dismiss it as propaganda. This is what the Central Staff Committee at the EPO is trying to make clear to the Praesidium right now. The EPO union leaders’ open letter to the AC Praesidium is now available in English. We planned to have published it earlier on, but it fits more nicely with some recent articles of ours — articles some of which serve to confirm the evident and perhaps inevitable demise of the abusers. Thanks to the anonymous translators Techrights has access to (very talented polyglots) and some people who work as staff representatives, we occasionally get our hands on a lot of stuff. When staff representatives circulate material it often reaches us too, one way or another.

Now, to be clear, many of our sources don’t work for the EPO at all. The anger at Battistelli is everywhere both inside and outside Europe. This document wasn’t even sent to us from Europe. Based on the PDF with the English translation/version we have just produced the following HTML version, which may be handy for future reference. We strive to have a complete and detailed record of this long overdue “meltdown” — as British media called it this week — of Team Battistelli, not the EPO itself. For a strong, legitimate, widely-respected EPO the tyrants need to go away and leave the highly-educated patent examiners in good, well-meaning, caring hands. The CSC’s (Central Staff Committee) open letter is included below with our emphasis in yellow for those who prefer to just quickly ‘scan’ the letter.

Translation

To the Board
of the Administrative Council
of the European Patent Organisation

OPEN LETTER
17 February 2016

Social Study 2016 – Position of the Central Staff Committee (CSC)

Dear Board members,

The preparation and the progress of the Social Study 2016 was an agenda item on both the 69th and 70th meeting. Once again, the Social Study is back on the agenda for the next meeting. We regret that the CSC meeting scheduled for 16 to 18 February 2016 in Munich has not been not approved, since it was our intention to use the occasion to get in touch with you personally to explain our position. Therefore, we take the liberty to notify you in writing that due to current events, the CSC had to change its attitude towards the envisaged study.

At the meeting of the General Consultative Committee on 9 December 2015, the attending members of the CSC showed cautious optimism in their remarks on the document about the Social Study 2016, which was added to the agenda at short notice. In particular, the leadership by the Administrative Council and their apparent willingness to receive comments and suggestions from the CSC seemed to us to show promise as an apparent move away from the President’s very one-sided views on the social situation in the EPO. In the last meeting of the Administrative Council, we reiterated in our remarks that special attention should be paid to ensuring the independence of the external contractor, to guaranteeing the absolute anonymity of the participating staff members and to providing a genuinely unbiased assessment of staff’s view on the impact of the current working atmosphere on the quality of their work results.

However, events have proven otherwise. On 7 January 2016, we were informed that the President had decided to invite the CSC to nominate an observer to the Award Committee for the tender. On 15 January 2016, we complied with this invitation respecting the tight timeframe set. On 21 January 2016, we submitted further comments and suggestions for the Social Study 2016 in writing. Nevertheless, the President claimed on 4 February 2016 in his event “Meet the President” to the staff that despite an invitation, the CSC had never submitted comments on the planned social study.

Our observer was unfortunately never invited to any meeting or otherwise involved in the preparation of the study. His first active involvement was on the afternoon of 11 February 2016, when he received documents for the tender which was scheduled for publication the next day (12 February 2016). The material included several documents consisting of more than 100 pages. It was not even clear to what extent they could be forwarded for broader discussion in the CSC.

We consider this kind of consultation as deficient and not bona fide. Rather, we fear that it will be used in an attempt to present the participation of an observer for the CSC in the Award Committee as demonstrating the alleged independence of the Social Study 2016. Therefore, we make thoroughly clear at this point that the CSC has now withdrawn, at least for the time being, its initial support for the implementation of the study. Moreover, we are surprised that apparently no one from the Administrative Council – not even from its Board 28 – participates any longer in the preparation, tendering and implementation of the Social Study 2016, all the more so because Article 32 EPC foresees suitable means for the Administrative Council to do so.

As the lead has apparently been abandoned without any proposals or suggestions of the CSC being taken into account, our main reasons for continuing our support of the study are now rendered obsolete. With this perspective, we therefore cannot recommend the employees of the European Patent Office to participate in any interviews and surveys as part of the Social Study 2016.

What remains is for us to simply wish the President good luck in convincing everyone about the independence and credibility of his Social Study 2016.

Yours faithfully,
The Central Staff Committee
We confirm that the above letter was correctly decided by the Central Staff Committee.

[Signatures of the CSC members]

cc.: Mr B. Battistelli, President of the EPO
Mr Y. Grandjean, Director Council Secretariat

Any new remarks from the respondent, the Praesidium? If so, please let us know.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  2. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  3. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  4. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  5. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  6. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  7. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  8. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  9. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  10. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  11. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  12. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  13. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  14. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  15. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  16. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  17. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  18. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  19. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  20. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  21. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  22. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  23. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  24. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  25. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  26. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  27. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  28. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  29. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  30. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative


CoPilotCo

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

CoPilotCo

Recent Posts