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

08.30.18

António Campinos Already Implements a ‘Shadow’ Layoffs Method at the EPO

Posted in Europe, Patents at 5:27 pm by Dr. Roy Schestowitz

Not a novel trick

Microsoft’s contractor crackdown: ‘Shadow layoff’ could force big cultural changes inside company

Summary: Battistelli’s French successor, whom he chose (António Campinos has long known Battistelli), carries on with the destruction of the EPO — a destruction which was triggered by Battistelli’s awful policies and incredibly bad strategy

THE INEVITABLE has begun; we saw that coming, as did SUEPO, the EPO‘s staff union. It wasn't even hard to see it coming, knowing that the Office is now run/governed/crushed under António Campinos, who long enjoyed if not exploited immunity; he quite likely breaks EU law when he fires many workers (even in his EU-IPO days).

“This means that the process of actual examination isn’t valued/cherished anymore.”Today’s EPO does not value patent quality, only the speed (and volume) of granting. This means that the process of actual examination isn’t valued/cherished anymore. As we have been pointing out many times since July, under António Campinos the EPO constantly promotes software patents (about 2-3 times per day!) — a lot more than under Battistelli. Is this what the EPO foresees as its future? Granting a lot of bogus monopolies? Courts would not honour these. Watch what Jacobacci & Partners has just published; They’re just calling software “AI” — as the EPO now encourages (about twice a day, sometimes even more!) — to patent code/algorithms.

“As we have been pointing out many times since July, under António Campinos the EPO constantly promotes software patents (about 2-3 times per day!) — a lot more than under Battistelli.”Citing this recent post, earlier this week I responded to the German FCC after it had posted a link to this new press release titled “Effective protection of fundamental rights must be guaranteed where sovereign powers are transferred to supranational organisations”.

“The abuses associated with UPC have destroyed the EPO in Munich,” I told them politely. “The EPO is not compatible with anything in the Western world,” I said in relation to this remark from Benjamin Henrion (FFII): “EPO maladministration cannot be brought in front of a court, EPO has legal immunity “It guarantees the basic right to challenge measures of public authority before a court.””

To quote the FCC itself:

Laws that transfer sovereign powers to international organisations (Art. 24(1) of the Basic Law, Grundgesetz – GG) are, as acts of German state authority, bound by the fundamental rights. The core content (Wesensgehalt) of fundamental rights must be guaranteed also with regard to supranational powers. Where sovereign powers are transferred to international organisations, the legislature is obliged to ensure the minimum protection of fundamental rights required under the Basic Law. In addition, within the scope of their competences, all constitutional organs are obliged to take steps towards upholding the minimum standard of fundamental rights protection required under the Basic Law. This obligation applies to the establishment of an international organisation as well as its entire existence. The minimum standard of fundamental rights protection required under the Basic Law includes the guarantee of effective and comprehensive legal protection.

In an order published today, the Second Senate of the Federal Constitutional Court dismissed as inadmissible a constitutional complaint because violations of these requirements were not sufficiently substantiated. The constitutional complaint was directed against judgments of the Frankfurt am Main Higher Regional Court (Oberlandesgericht) and the Federal Court of Justice (Bundesgerichtshof), which held that there was no domestic legal protection against a decision of the Board of Governors of the European Schools, an international organisation, to increase school fees.

[...]

The complainants’ challenge of the German Act of Approval to the Convention defining the Statute of the European Schools does not satisfy the requirements to state reasons. They did not sufficiently substantiate why the Act might be essential or unconstitutional. It cannot be inferred from the complainants’ submission that the Act has become unconstitutional over time because the Board of Governors did not ensure effective legal protection, which led to structural shortcomings regarding implementation. In particular, the complainants did not set out that the report including reasons of the Chairman of the Complaints Board of 8 November 2004, in which he declared that the Complaints Board is not competent for the review of school fee increases, was not just an error of judgment in the individual case.

It is worrying to see that Germany’s relative apathy towards EPO abuses now dooms the Office. As an insider explained a few hours ago, the EPO is in effect laying off a lot of workers:

But Märpel could find an excel program called “Early Certainty Timeliness Simulator”. Do not ask for a download: it only works within the EPO intranet. It was not designed that way for security: more simply it keeps itself up to date on statistics by downloading new ones from the internal databases: new patents filed, patents already searched, grants and withdrawals, etc…

The “Early Certainty Timeliness Simulator” computes future workload per directorate, draws a set of nice curves, etc… Märpel took some time to play with it. In most directorates, stock will reach zero within one or 2 years.

Märpel can only hope for a serious bug in that software. But if the software is right, Märpel knows why President Campinos is not too worried about difficulties in recruiting. And he is not: projections distributed to managers show no recruitment until 2024: 6 years!

How many people will have left by then? Maybe a thousand of so (people are being pushed out). So that’s their way of implementing gradual layoffs. They hope nobody will notice.

“There are even more pressing issues to discuss because the leadership of the EPO now puts at risk/peril Europe’s patent regime.”As mentioned by some Twitter accounts and by SUEPO, the “EPO staff committees reveal three pillars for dialogue with Campinos”. It’s about an article from yesterday which said:

The European Patent Office’s (EPO) Local Staff Committees of Munich and Berlin have outlined three key pillars as a starting point for dialogue with new EPO president António Campinos.

In a post by the committees, three pillars, covering work, social, and legal issues were discussed, with a view to bring “further topics” in the future.

On the first pillar, work, the committees said that “challenging people” represents one of the main strategies of the EPO management to increase productivity and motivate staff, but that this strategy “incited EPO managers to develop a broadly negative perception of their staff and vice-versa”.

“It contributed to a strong production increase at the cost of open collaboration, discussion culture, trust and patent quality.”

The committees said that current production targets were the “wrong incentives” and threaten patent quality.

There are even more pressing issues to discuss because the leadership of the EPO now puts at risk/peril Europe’s patent regime. It’s still Battistelli’s and Michel Barnier‘s UPC strategy, which failed pretty badly because the FCC likely dealt the final blow to the UPC, which is simply unconstitutional and definitely fails to address the needs of Europe; it’s about the needs of some law firms and their multinational clients, including patent trolls. We’ll say more about the UPC 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. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  2. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  3. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



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

    Links for the day



  5. 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)



  6. 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



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

    Links for the day



  8. 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"



  9. 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)



  10. “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)?



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

    Links for the day



  12. 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



  13. 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



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

    Links for the day



  15. 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”



  16. 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?



  17. 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



  18. 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)



  19. 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



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

    Links for the day



  21. 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



  22. 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



  23. 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)



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

    Links for the day



  25. 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



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

    Links for the day



  27. 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)



  28. 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



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

    Links for the day



  30. 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


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