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

02.20.18

Another Loud Warning From EPO Workers About the Decline of Patent Quality

Posted in Europe, Patents at 1:27 am by Dr. Roy Schestowitz

“Patent examiners must be able to examine patent applications thoroughly and to deliver valid monopoly rights.”

Decadence of monopoly

Summary: Yet more patent quality warnings are being issued by EPO insiders (examiners) who are seeing their senior colleagues vanishing and wonder what will be left of their employer

TECHRIGHTS was never a foe of the EPO. It was actually a lot more supportive of the EPO than of the USPTO and I’ve personally sent letters to the EPO for over a decade with constructive suggestions (mostly regarding software patents). The reason Techrights is now blocked by the EPO is that Team Battistelli cannot stand any constructive suggestions and it cannot tolerate criticism. EPO insiders know the feeling as some of them too got fired for that. If the EPO was a scientific institution, it would sack people with differing/dissenting points of view, like Galileo and his ‘crazy’ theory about the Solar System.

“If the EPO was a scientific institution, it would sack people with differing/dissenting points of view, like Galileo and his ‘crazy’ theory about the Solar System.”Either way, our history speaks for itself. I’ve long loved the EPO personally and none of us who are connected to this site (mostly Europeans) have anything to gain from EPO weaknesses/detriments. Quite the contrary.

Yesterday, once again, the EPO gave the false impression of caring for outside input. “Battistelli will make all decisions on his own regardless,” I told them, “just like in the Disciplinary Committee. This is just EPO giving the illusion of public participation…”

“I’ve long loved the EPO personally and none of us who are connected to this site (mostly Europeans) have anything to gain from EPO weaknesses/detriments. Quite the contrary.”“The Boards of Appeal invite users to participate in this online consultation on proposed amendments to their rules of procedure,” they said, but I very much doubt Battistelli will care what the ‘users’ have to say. He repeatedly ignores, overrides and sometimes derives suggestions given to him. It’s like a mental illness. It’s megalomania.

Right now, as before, the EPO’s management or the Administrative Council (which is in theory supposed to govern Battistelli) is being warned about imminent damage to patent quality (which already suffers). We have been given explicit permission to repost the following new text:

The final straw for patent quality 2.0

Highly qualified and motivated permanent employees have been ensuring the quality of the EPO’s services for more than 40 years.

The draft “reform” proposal CA/3/18 will, if it is allowed to enter into force, put an end to permanent employment at the EPO1. The proposed new Article 53(1)(f) Service Regulations will give the appointing authority the power to terminate the service of an employee at any time “if the exigencies of the service require abolition of their post or a reduction in staff”2, without the usual compensation and without a social security system to fall back on. The Article will apply to all – current and future – staff. We fear that the first victims will be the DG1 directors who have been made redundant and put on specially created posts.

Article 33 EPC3 makes a clear distinction between the “Service Regulations for permanent employees” and the “conditions of employment for other employees”. The proposal violates Article 33 EPC by removing this distinction. It is incompatible with the acquired rights and legitimate expectations of the current permanent staff4. It is also incompatible with the Office’s dual role – arising out of its status as an international organisation – as an employer and as a state. Its role as a state means that the Office’s duty of care is put at a much higher level than for a regular employer. If it over-recruits5,6 in a specific technical field, for example, it is not free simply to fire staff that are surplus to requirements, but must care for them in the way that a state would, or better.

The Office’s attractiveness as an employer has already suffered through recent “reforms”7,8. If this draft proposal gets approved by the Administrative Council, it will scare off even more of the best job candidates. Future recruits will not feel welcome with such rules in place. Under such conditions, highly qualified candidates are unlikely to accept an employment, move to another country with their family, and take the risk of investing in an expensive new home.

Permanent employment is a prerequisite for the independence of examining divisions, which have already suffered many “reforms” since 20139. Patent examiners must be able to examine patent applications thoroughly and to deliver valid monopoly rights. The head of the German Patent Office recently explained why patent offices need examiners on permanent posts:

“… I could just go ahead and say that you should do it that way. We could then recruit many examiners who will not come to you. On behalf of the German Delegation, I cannot agree. Examining patents requires highly qualified experts. … The special significance of patent examiners for the society justifies a special employment relationship. …”7

Users of the European patent system have already noticed a significant drop of the quality of the EPO’s services10,11.

Mr Battistelli’s successive “reforms” have not only been detrimental for staff, they may spell the end of the European patent system as we know it. If that has not already happened then the latest proposal could represent the point of no return.

_________
1 In addition to «minor» inconveniences like the suppression of home leave for new recruits and the suppression of any form of regulated recruitment procedure.
2 Latest EPO employment proposals under fire (http://www.ippropatents.com/ippropatentsnews/article.php?article_id=5704
3 Article 33 EPC (http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar33.html)
4 Open letter Abolishing permanent employment for current and future EPO staff, Central Staff Committee, 09.02.2018
5 Patent rain, brain drain and quality bust at the EPO – Overcapacity and insecurity as an HR tool, Central Staff Committee, 23.06.2016
6 Open letter Running out of Search-Files …, Central Staff Committee, 08.11.2017
7 Feedback from the 128th Meeting of the BFC and of the 154th meeting of Administrative Council in Munich, SUEPO Local section The Hague, 20.12.2017
8 The EPO’s Vision (II) – “expert, well supported and motivated staff”, Thorsten Bausch (Hoffmann Eitle) (http://patentblog.kluweriplaw.com/2018/02/14/epos-vision-ii-expert-well-supported-motivated-staff/) Mr Bausch considers the combination of “a permanent position with high job security and a good salary” as the factors which “enabled the EPO to recruit very good scientists and engineers and to train them on the job to become expert examiners.” He writes that the EPO management would in his view “be well advised to maintain these conditions.”
9 EPO-FLIER No. 33 The final straw for patent quality? (www.epostaff4rights.org)
10 2016 Patent Survey, conducted by the well-respected German legal magazine JUVE, English translation (https://suepo.org/public/ex17003cpe.pdf)
11 EPO – All Problems Solved? (http://patentblog.kluweriplaw.com/2017/10/16/epo-all-problems-solved/)

Over the years we have been given examples, including of particular European Patents, from EPO insiders. We cannot name these examples publicly as those may give away the identity of examiners who dealt with them. We know for a verifiable fact that patents are being granted which otherwise (without Battistelli’s ‘reforms’) would not be granted. We are being told so. People are pressured to grant invalid monopolies because they might otherwise lose their job and need to move their entire family — children included — to another country.

Later today there’s an important political debate in Germany; we shall cover that in our next post.

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. Alexandre Oliva's New Article About a Coup

    Some people try to tell me that the criticism I've got, inside the FSF and outside, since the Free Software Sept 11, are not about my being supportive of RMS, but about my making public statements referencing him at all.



  2. Debian Leadership Should Not be 'Shy' of Politics (and It's OK to Admit Palestinians Are Human Beings Too)

    The contemporary tendency to limit people's freedom of speech (e.g. permission to express political views) means that while people may find software freedom they will lose other essential freedoms



  3. New Series: Inside the Free Software Foundation (FSF)

    In the interest and motivation of exposing the true nature of things, Techrights will turn its attention to internal affairs at the higher echelons of the FSF, founded more than three and a half decades ago in MIT (where Stallman launched the GNU Project, developed the GNU Compiler Collection and a lot more foundational Free software)



  4. IRC Proceedings: Sunday, February 23, 2020

    IRC logs for Sunday, February 23, 2020



  5. Links 23/2/2020: PipeWire 0.3 and Osu!

    Links for the day



  6. FSF's Interim Co-President Alexandre Oliva on Being Cancelled

    It was reading this that I realized I’d been cancelled myself. In my case, I was painted misogynist and transphobic, and for a post in which I supported women but denounced a crowd of men twisting the feminist cause, that I share, to attack rms, as if he wasn’t a feminist himself; and in which I express curiosity as to what pronoun to use to refer to zero women to paint me as someone who disregards gender identities and their pronouns.



  7. Good People Need to Run for Free Software Foundation (FSF) Board Positions After an FSF Coup Threw in the Towel, Pushing Out the Founder

    "I have been hit, but not knocked out, and my campaign for free software is not over." --Richard Stallman, October 2019



  8. IRC Proceedings: Saturday, February 22, 2020

    IRC logs for Saturday, February 22, 2020



  9. Alexandre Oliva's Message About Cancel Culture at the FSF

    Being cancelled is no fun. In my case, it was for standing for a friend who got canceled for defending someone else from an accusation that was later proven false.



  10. Links 22/2/2020: Polish Government Increases GNU/Linux Use, Samza 1.3.1

    Links for the day



  11. Being Rich Does Not Imply Being Smart (Especially When One is Born Into Wealth)

    Presenting the 'genius' (college dropout, but that does not matter when the yardstick of wisdom is wealth alone), with his own predictions overlaid on top of his photo from the show of Bloomberg (another 'genius' whose supposed brilliance is measured using money alone)



  12. The Rise and Fall of Free Software

    "We simply need to make the movement less corporate, and more grassroots."



  13. Why You Should Adopt Debian 10, Not Vista 10 (Windows Vista With Microsoft's Latest Surveillance Add-ons)

    A little personal story and recommendation of Debian "Buster" (10) or Devuan (whose developers persist)



  14. Ethics by Exclusion

    It's the same old philosophical question; can excluding those who are perceived to be intolerant be seen as an act of tolerance?



  15. Even Worse Than Microsoft Inside the Board of the OSI

    The OSI has accepted people from companies that actively attack Software Freedom and there may be more on their way



  16. ZDNet Continues to Stuff Its 'Linux' Section With Proprietary Software of Microsoft

    The above is what the "Linux" section of ZDNet is going to look like throughout the weekend (and this is hardly unusual, either)



  17. IRC Proceedings: Friday, February 21, 2020

    IRC logs for Friday, February 21, 2020



  18. Links 21/2/2020: EasyOS 2.2.11 Released, Microsoft's Control of the Linux Foundation Increases and More Binary Blobs Arrive

    Links for the day



  19. IRC Proceedings: Thursday, February 20, 2020

    IRC logs for Thursday, February 20, 2020



  20. Video: LinuxWorld 1999, Torvalds and Stallman

    LinuxWorld 1999, Torvalds and Stallman



  21. GNU World Order is a Personal Sacrifice, LinuxWorld Just Business

    As the Linux Foundation shows, Linux is just business (and proprietary software) as usual, software patents included, whereas it’s GNU that continues the Free Software Movement’s battles



  22. Links 20/2/2020: Oracle Solaris 11.4 SRU18, Mesa 20, VirtualBox 6.1.4

    Links for the day



  23. Open Source Did Not Win, It Was Assimilated to and by Proprietary Software

    Don’t fall for the whole “Open Source has won!” spiel; You know we’ve lost the battle (and were in effect gradually conquered) at OSI and elsewhere when those who speak for the OSI are Michael Cheng (Facebook), Max Sills (Google), and Chris Aniszczyk (Linux Foundation); they say “Open Source Under Attack” (FOSDEM talk) but their employers are the ones attacking and they downplay openwashing



  24. Former Microsoft Employees Don't Like Talking About Past and Present Microsoft Back Doors (Designed for Spy Agencies)

    In a typical Microsoftian fashion, once they cannot defend the illusion/delusion that Microsoft values security the 'Softers' run away and block any further debate



  25. Techrights Warns Against Impending Extradition Efforts (Passage of Julian Assange to His Death in the United States)

    Imprisonment of journalists who are effective at exposing crimes (of the powerful, not petty crimes) must never be condoned



  26. Team UPC: Many Mouths and No Ears

    The mental condition of Team UPC gets more worrisome by the week



  27. Team UPC Insults Judges Because the UPC is Dead and UPC Lobbyists Have Nothing Left to Lose

    More judge-shaming tactics are in the mix; Team UPC seems to feel like there's nothing left to lose as the UPC is already dead (hope itself is next to die)



  28. IRC Proceedings: Wednesday, February 19, 2020

    IRC logs for Wednesday, February 19, 2020



  29. China Bashing is Grounded in Fear (That They Can Simply Do Better Than the West)

    The atmosphere of hate towards China — fuelled partly by a white supremacist in the White House — is unhelpful and insulting; dignity and understanding is the way to go



  30. IRC Proceedings: Tuesday, February 18, 2020

    IRC logs for Tuesday, February 18, 2020


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