Bonum Certa Men Certa

It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

Such protests and the general uproar are motivated by the need to protect the law. Examiners wish to restore lawfulness and the law is on their side.

UK protest and uproar



2008 EPO protest:

1.6M



Summary: Wednesday marks the resumption of EPO protests; it's happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or -- put another way -- he did better than that (if one checks the timeline of his presidency)

THE European Patent Office (EPO) is as bad as ever. The examiners are generally good people, but their managers ruin their lives with unrealistic expectations and guidelines that breach the law. A decade ago we spoke about software patents in Europe, not quite foreseeing the impact of Battistelli becoming President a year later. Things have gone downhill from there (not that things were rosy beforehand, but we generally felt rather sympathetic towards Brimelow and provided constructive criticism).



"Just because the EPO decided to formally grant some European Patent doesn't instantaneously mean that this patent is legitimate."Just like 35 U.S.C. ۤ 101 (and 102 along with 103) in the US, here in Europe we have laws that limit patent scope as well as deal with prior art and obviousness. Just because the EPO decided to formally grant some European Patent doesn't instantaneously mean that this patent is legitimate. Many are not. We sometimes call these patents "fake patents" or Invalid Patents (IPs) -- a term first recommended to me by the FSF's acting/interim President, Alex Oliva.

Here's a brand new examples where a €25,000,000 ruling gets 'wiped' or removed off the map after the European Patent is deemed invalid. In EPLAW's own words: (last week)

On 12 September 2019, the cour d’appel de Lyon (court of appeal) overturned a judgment handed down on 8 September 2016 by the tribunal de grande instance de Lyon (court of first instance) which found Chavanoz’s patent EP 0 900 294 valid and infringed by Mermet.


IP Kat's Kan He has just taken a note of it, adding:

In the EPlaw Patent blog, Pierre Véron reports on the appeal decision in the Mermet v. Chavanoz industrie case in France. The first instance court had awarded the plaintiff the largest ever amount in Europe for damages in a patent infringement case (€25,000,000). The court of appeal overturned this decision on the ground that the patent is invalid due to lack of novelty - Chavanoz had sold the patented product before the priority date of the patent.


This is the kind of mess patent applicants will increasingly have to deal with; defendants too. They spend a fortune in courts only to eventually realise they spent ages arguing over patents which were bunk, invalid, bogus, worthless...

We wholeheartedly support EPO examiners who stand up for (or guard) the EPC. They want patent quality back and they want to do their job according to the law, not according to lawless management.

We've been hearing for a while about the tipping point and now it's official. There's also a formal letter:

Dear colleagues,

Last week, EPO staff in Munich gathered in a General Assembly against the 17 financial measures proposed by Mr Campinos and has u nanimously adopted (ca. 700 attendees) a resolution which has now been transmitted to him and to the delegates of the Administrative Council.

SUEPO is convinced that the proposed reforms will be unfavourable for the EPO. They will further demotivate staff that is already suffering from an excessive work pressure combined with a lack of recognition of the efforts made. The punitive measures are likely to lead to an exodus. We have already seen a significant lowering of the average retirement age as older staff heads for the most obvious exit, but also younger staff is likely to leave when faced with considerably reduced benefits and a total lack of career perspectives. At the same time the EPO's ability to hire new employees "of the highest standard of ability" (Art. 5 ServRegs) will suffer. Patent quality will suffer as a consequence. Mr Battistelli did a lot of damage to the EPO. Will Mr Campinos finish the job?

On 23 and 24 October the EPO Budget and Finance Committee (BFC) will meet. During that meeting Mr Campinos will present this new attack on staff as "necessary adjustments". SUEPO invites staff to show Mr Campinos and the BFC its opinion on the finance report and on the reforms. Next demonstration: Wednesday 23 October 2019

SUEPO Munich


Campinos is just another Battistelli. He might even be worse. There was almost a strike just under a year after he had joined. Battistelli lasted much longer before strikes. We made this observation about half a dozen times before, namely that staff grows tired of Campinos a lot faster than it got tired of Battistelli. Here are some older articles of interest:



RIP Kat added the following letter regarding "Battistelli's inheritance". Here it is with some highlights added:

Mr Battistelli's inheritance

In his final publication "Modernising the EPO for excellence and sustainability (https://www.epo.org/news-issues/news/2018/20180611.html)" Mr Battistelli bragged that: "Thanks to an ambitious series of reforms, the EPO of today is a vastly different organisation ... We are more competitive, more efficient, more financially secure and ready to face the challenges of tomorrow."

According to the above publication, during Mr Battistelli's tenure examiner production increased by 36% and the number of grants increased by 82% (!). In the same period the operating surplus of the EPO increased to about 470 million Euro/year, i.e. almost 25% of the EPO's annual operating budget. These results were obtained thanks to the efforts of staff. For this staff was "rewarded" with reforms that have led to a considerable loss of rights, including the loss of permanent appointment for new staff, and a reduction of various benefits, in particular a significant reduction in career progression. The single-minded focus of Mr Battistelli on efficiency led to a generally recognised loss of quality in the patents granted (https://www.juve-patent.com/news-and-stories/legal-commentary/open-letter-suggests-epo-patent-quality-problem/). His extremely harsh social practices devastated staff morale (http://patentblog.kluweriplaw.com/2018/06/21/tarnished-legacy-epo-president/). When Mr Campinos took over as the next President he announced that quality and dialog with staff were among his priorities.

Déjà vu all over again

The communication style of Mr Campinos is certainly softer than that of Mr Battistelli. He has shown himself ready to talk with and listen to ordinary staff. But he did not distance himself from, or change anything to, Mr Battistelli's reforms. And now staff is again confronted with the message that the EPO is in dire straits, requiring another massive (23-32%) increase in productivity in DG1 and unprecedented financial sacrifices of staff as a whole. How is that possible?

Mr Campinos has tried to explain the need for further increases in productivity and for his punitive reforms with yet another financial study (https://www.epo.org/modules/epoweb/acdocument/epoweb2/377/en/CA-46-19_en.pdf). The financial study is a hoax. As we have pointed out before, it is based on totally unrealistic assumptions, among which a 20-year complete freeze infee income while costs continue to rise. When we pointed at the many inconsistencies the reaction of Mr Campinos was "I don't care, I will go ahead anyway." This is typical for the "social dialog" that we experience at the moment. Mr Campinos is happy to talk with the staff representation, but that will not change anything.

What next?

SUEPO is convinced that, if anything, the proposed reforms will be unfavourable for the EPO. The announced measure will further demotivate staff that is already suffering from an excessive work pressure combined with a lack of recognition of the efforts made. The punitive measures are likely to lead to an exodus. We have already seen a significant lowering of the average retirement age as older staff heads for the most obvious exit, but also younger staff is likely to leave when faced with considerably reduced benefits and a total lack of career perspectives. At the same time the EPO's ability to hire new employees "of the highest standard of ability" (Art. 5 ServRegs) will suffer. Patent quality will suffer as a consequence. Mr Battistelli did a lot of damage to the EPO. Will Mr Campinos finish the job?

The next demonstration

On 23 and 24 October the EPO Budget and Finance Committee (BFC) will meet. During that meeting Mr Campinos will present this new attack on staff as "necessary adjustments". SUEPO invites staff to show Mr Campinos and the BFC its opinion on the finance report and on the reforms.

Please note the date:

Next demonstration: Wednesday 23 October 2019


We'll try to cover that as best we can, maybe with photographs included (with faces obscured, as usual). The world needs to understand what's going on at the EPO because European pundits ignore it and intentional media certainly isn't covering any of that. That's intentional. We know that because when we contact publishers/journalists the reaction is self-explanatory. They're very much complicit and some of them receive money from the EPO (surely a misuse of EPO budget that contributes to corruption of the media). EPO workers don't protest because they're "greedy" but because they value the law. It's not about money.

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
 
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work