Bonum Certa Men Certa

EPO Protest Tomorrow, Heads of Delegations Informed Regarding the Reasons

Take a Break from Dictatorship - Go to the Demo
Take a Break from Dictatorship - Go to the Demo



Summary: EPO workers are attempting to explain to Heads of Delegations, who have so far (with few exceptions) been complicit and protective of Battistelli, why they must take immediate action

"The next demo of EPO staff is in Munich on Wednesday," told us a reader about tomorrow, "12.30h in front of the Isar building." The above image was produced to promote this demonstration, which we mentioned here several days ago.



"Open letter [got sent] to the Delegations of the EPO's Administrative Council," we were separately told. It cites Techrights in a few places. “Time to put an end to the deterioration of the European Patent system” is the title and we reproduce it below:

Open letter - by email to the Heads of Delegation

13 March 2016

Copies to: Competent Ministries of the Member States

EPO-FLIER Team epoflier@runbox.com

Time to put an end to the deterioration of the European Patent system

Dear Heads and Members of the Delegations to the Administrative Council of the European Patent Organisation, dear Chairman,

Following debates in the Netherlands1, the French2 and the Bavarian3 parliaments, the social conflict at the EPO has become the subject of discussions at government level. French2,4 and Dutch5 ministers have publicly criticised Mr Battistelli for his intimidating and destructive management style. The Dutch Foreign Minister said in a recent letter: "If no visible improvements take place in the short term in the relations within the EPO, I see no other option but to discuss the situation at a high political level with the member states of the European Patent Organisation."

The situation has not improved. On the contrary, the working atmosphere has become even more toxic. Proposed new house and security rules will, if they enter into force, entitle security staff to seize and search bags, phones and laptops of employees at any time6,7. They will also prohibit the dissemination of posters and flyers. Assemblies of more than 25 persons will require management permission. Additionally, a further reform aimed at weakening the staff representation even more has been prepared8,9.

Mr Battistelli can manage the Office without respecting staff's fundamental rights and international labour law standards while he enjoys the privileges and immunities accorded to diplomatic agents under the Vienna Convention. But these privileges and immunities are inseparable from the right of the host state to declare any diplomatic staff member persona non grata or not acceptable "at any time and without having to explain its decision"10. From this, it flows that the host states have a special responsibility for the employees of guest organisations. At this point, it is worth noting that the delegations of the EPO's major host states, Germany and The Netherlands, voted in favour of the strike rules (which violate Article 11 of the ECHR) and the Social Democracy reform. While it can be assumed that they were originally misguided by the president’s presentation (with the help of the German vice-president DG511) of these reforms, in the meantime, these host states must have realised that the reforms have in fact undermined labour rights, and contributed to the current crisis12 in the European Patent Organisation.

The social reforms and management by intimidation, in combination with unrealistic and arbitrary production targets, have had the effect of introducing de facto changes to the European Patent Convention (EPC) through the back door13. The European Patent Organisation has thus broken its legal contract not only with staff but also with its stakeholders (companies and consumers), including the applicants, who finance the patent system.

According to the president, these reforms were necessary to serve the EPO’s “customers” better. However, a recent independent survey14 conducted by the well-respected German legal magazine JUVE revealed that this is far from the case: firstly, less than half of the survey’s participants were happy with the current quality of the European patent examination process. Only one in 25 considers the president's efficiency strategy useful. The survey also showed an alarming level of mistrust in Mr Battistelli (zero percent confidence rating), with the majority of respondents calling for his resignation.

Last but not least, the survey shows that a quality erosion has taken place. Low quality patents create legal uncertainty for patent applicants and their competitors. Legal uncertainty hinders investments and leads to increased litigation, which is a drag on the economy15. Seen in this light, the president’s announcement on 7 March 2017 of a 40% increase in patent grants in 2016 is alarming. It is difficult to believe that such a surge in productivity could be achievable without a drop in quality. Asserted low quality patents are equivalent to a tax on innovation since the costs are passed on to the consumers16.

The findings of the JUVE survey are in contrast with the EPO's own quality statistics. Due to a built-in conflict of interest, the ISO-9001-certified quality measuring system for the procedure at the EPO indicates an excellent quality, no matter what the actual quality of the product is17. Furthermore, the EPO's quality audit department (DQA) reports direct to the president. There, Mr Battistelli measures his own quality. The Administrative Council should consider transferring DQA activities to an independent institution in order to establish a more reliable quality measuring system. This could be a first step in the direction to regain the trust of the users of the patent system.

Accept your responsibility for safeguarding a patent system that delivers the quality required by the European public and do no longer support HR policies that are unfit for an intergovernmental organisation in the 21st century.

Make sure to select the right new person for the job.

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 the rule of law at the European Patent Office

______ 1 https://www.suepo.org/documents/43960/56042.pdf 2 http://www.theregister.co.uk/2016/12/03/epo_president_disgrace_to_france/ 3 https://www.suepo.org/documents/43906/55980.pdf 4http://www.richardyung.fr/francais-de-l-etranger/questions-au-gouvernement-francais-etranger-cote-circonscription/4219-question-orale-sur-la-degradation-du-climat-social-au-sein-de-loeb-reponse-du-gouvernement.html 5 https://www.theregister.co.uk/2017/03/07/come_in_battistelli_your_time_is_up/ 6 https://www.theregister.co.uk/2017/03/03/euro_patent_office_interpol_phones_and_laptops/ 7 Circulars GCC/DOC 4/2017 (physical security), GCC/DOC 6/2017 (information security) and GCC/DOC 5/2017 (house rules) 8 https://www.theregister.co.uk/2017/01/31/battistelli_tries_again_to_break_epo_union/ 9 http://techrights.org/wp-content/uploads/2017/03/sc17027cl.pdf 10 Vienna Convention on Diplomatic Relations of 18 April 1961 11 CA/PV 136 Minutes of the 136 th Administrative Council meeting (June 2013), page 21/48 12 B28/2/16 (02.02.2016): “The Board qualified the situation as a crisis – a view challenged by the President.” 13 Open Letters of 22 June 2016 and 11 October 2016; http://epostaff4rights.org/openletters.html 14 https://suepo.org/public/ex17003cp.pdf (German); https://suepo.org/public/ex17003cpe.pdf (English) 15 http://thehill.com/blogs/congress-blog/technology/295542-fixing-why-uspto-issues-low-quality-patents-should-be 16 http://publications.jrc.ec.europa.eu/repository/bitstream/JRC103321/jrc103321 online version.pdf 17 http://techrights.org/wp-content/uploads/2016/09/sc16170cp.pdf



As we explained here before, even ILO's staff union (the ILO Staff Union as it's called) supports the staff of the EPO, seeing what kind of abuse they're subjected to. How much longer can all these injustices go on for? It's damaging Europe's reputation in the world.

Recent Techrights' Posts

Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
 
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025