Bonum Certa Men Certa

New Letter to the Delegates of the Administrative Council

Battistelli liar Source (original): Rospatent



Summary: A concise new letter explains the situation at the EPO and what Battistelli is planning to do next, especially if the Administrative Council gives him a carte blanche, as usual

THE heads of the delegation of the Administrative Council of the EPO are about to meet and the following letter is being sent to them from staff that, as a matter of survival, must remain anonymous. Below is the content of the letter:



Open letter - by email to the Heads of Delegation

11 October 2016

Copies to: Competent Ministries of the Member States

The social situation at the EPO and the Administrative Council's responsibility



Dear heads and members of the delegations to the Administrative Council of the European Patent Organisation, dear Chairman, dear Mr Grandjean,

We would like to share our concerns about the current social climate at the EPO and urge you to take appropriate action.

'Social Conference' – how to avoid social dialogue You will probably agree that in any organisation the first step towards genuine dialogue is to work towards a shared understanding of the problems at hand and of the long term goals, in other words, to share an agreed agenda. This seems a reasonably evident requirement for the future success of the EPO. Sadly, the Office missed a chance to take a first step towards this, when it alone set the agenda of the 'Social Conference' scheduled for 11 October. Consultants will present a 'social study'1 while the President refuses to discuss the results of a staff survey2 commissioned by the EPO's largest staff union. It is difficult to imagine how even the seeds of social dialogue can exist while the Office continues with its unilateral approach to the most multilateral of issues. The President's threats to and persecution of elected representatives3 of his social partner only serve to shift the situation from bad to worse. Through his actions he makes social dialogue impossible. For staff across the Office, the 'Social Conference' can only be seen as just another useless attempt to mould a distorted perception of the reality at the EPO. And to avoid true social dialogue.

The social situation at the EPO – a matter of perception? You may already have seen a letter of the President of the Dutch Institute of Patent Attorneys, 'Nederlandse Orde van Octrooigemachtigden' (Orde)4, dated 12 February 2016 and addressed to the Council, which recently became public5. The Orde perceives the social climate in the Office as follows:

'... We note that, when we seek information from EPO employees, they are reluctant to communicate in fear of retribution by internal investigative units. It seems that the people at the EPO are afraid of their own management. The Orde rejects this situation vehemently. We cannot understand that the President of an organization that envisages to “set worldwide standards in quality and efficiency“ is not capable or not willing to apply the same standards to its people management. We refer also to the ruling of the Dutch Appeal Court that the EPO appears to be violating basic human rights.

A disgrace, irrespective whether the EPO benefits from its immunity as an international organisation or not. A reputable international organization such as EPO should not have it’s employment conditions and employee rights held up against such a basic thing as human rights.'

Consequences of the current social climate for the future of the European patent It is illusory to think that a human resources policy without any negotiation, founded on intimidation and the non-respect of fundamental rights can bind highly skilled staff to the Organisation. The Orde is right to use the word “disgrace” to describe any violation of human rights that takes place at the EPO. No amount of immunity can diminish that disgrace. Disengaged and demotivated employees will clearly not be able to examine patent applications with the critical focused mind needed for delivering a legally valid monopoly right. We cannot imagine that the delegations to the Administrative Council still believe that it will be possible to maintain a successful European patent and foster economic growth without the active support of staff. We certainly don't.

An estimated6 2016/2014 increase in production (+ 23%) and productivity (+11%) is not a sign of successful reforms but rather proves that the examiners have lost any ambition to withstand unrealistic and arbitrary production targets imposed on them by the Administration. The current management style has destroyed staff's professional attitude and pride to work for an organisation whose aim is, or at least was, to support economic growth by delivering high quality patents. It is our view that the European Patent Organisation finds itself in the deepest crisis7 of its history.

The currently planned reforms, if adopted, would aggravate the crisis If proposal CA/53/16 Rev. 1 (reviewed Disciplinary Guidelines) gets approval, Mr Battistelli will be in a position to dismiss staff members for 'professional incompetence' without any meaningful advisory review instance. He will be able to expose EPO employees to unemployment without the safety net of a social security system. For fear of dismissal, staff will no doubt do their best to deliver another productivity increase. The quality of search reports and the legal validity of European patents will drop further.

By adopting the reviewed Investigation Guidelines (CA/52/16 Rev. 1) the Council would authorise the Administration, i.e. Mr Battistelli, Mr Topić and Ms Bergot, to proceed with investigative and disciplinary proceedings in a way that is in contradiction to the principles of due legal process. Before adopting any revised proposal, we ask the delegations to consider the recent proposal for WIPO's new Investigation Guidelines8. WIPO has immense problems in its staff relations. But in this case, they seem to have put forward a balanced proposal, at least on first inspection. It takes account of lessons learned9, provides an independent investigative unit, and guarantees due process and whistle-blower protection, including the case of investigations against senior officials10.

Please do not support the current proposals CA/52/16 Rev. 1 and CA/53/16 Rev. 1. There can be no doubt that they give new tools of abuse to those at high level who wish to use them, and increase the risk of victimisation, harassment and miscarriages of justice in a system that is already under fire for not fulfilling the requirements of legal process.

Staff protest against the treatment of their elected representatives by the President and the passive attitude of the Board 28 vis-à-vis this issue in its recent meeting3. We kindly ask all delegations to remember the AC's resolution 11 of this March and to take the steps that must follow it:

“to ensure that disciplinary sanctions and proceedings are not only fair but also seen to be so, and to consider the possibility of involvement of an external reviewer or of arbitration or mediation

pending the outcome of this process and before further decisions in disciplinary cases are taken, to inform the AC in appropriate detail and make proposals that enhance confidence in fair and reasonable proceedings and sanctions;”

We further plead that matters of such grave concern no longer be discussed in closed session. Arguments put forward need to be visible to the affected parties, being staff and applicant community.

With our best regards,

The EPO-FLIER team

a group of concerned staff of the EPO who wish to remain anonymous due to the prevailing harsh social climate and absence of rule of law at the European Patent Office

_________ 1 European Patent Office – Social Study 2016, by PwC 2 https://www.suepo.org/results_of_the_2016_european_patent_office_staff_survey/d-43311 3 B28/10/16 (21.09.2016): “the Board noted information provided by the President about three current investigations/disciplinary proceedings involving SUEPO members in The Hague” 4The Dutch Institute of Patent Attorneys is the professional organisation of Dutch patent attorneys; its about 500 members are active in private practice and in industry, most of them are also European Patent Attorneys 5 http://techrights.org/2016/09/29/netherlands-institute-of-patent-attorneys-on-battistelli/ 6 http://techrights.org/wp-content/uploads/2016/09/sc16170cp.pdf 7 B28/2/16 (02.02.2016): “The Board qualified the situation as a crisis – a view challenged by the President.” 8 http://www.wipo.int/edocs/mdocs/govbody/en/wo_ga_48/wo_ga_48_16.pdf 9 http://www.ip-watch.org/2016/09/30/gurry-speaks-on-allegations-for-first-time-as-wipo-members-discussion-actions 10 http://www.ip-watch.org/2016/10/10/members-debate-changes-to-oversight-at-wipo/ 11 http://www.epo.org/about-us/organisation/communiques.html#a23


I have taken two day off work this week. We can hopefully provide coverage of what happens as the media sure isn't doing its job. We more or less know why.

Recent Techrights' Posts

Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
 
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026