Bonum Certa Men Certa

How Many More Lives Will the European Patent Office Destroy?

The EPO's severe violations of the (Rule of) Law are harming the health of innocent, law-abiding people such as Laurent Prunier, who represented his colleagues

Laurent Prunier (EPO) talking about the scandal at the EPO with Suzette Saint-Marc (Council of Europe)



Summary: Europe's largest patent office, the European Patent Office, continues to bully its staff and it carries on breaking the law under António Campinos's Battistelli-like leadership, which EPO staff representatives rightly bemoan

THE old days are old, the newer days are rather gloomy. And not just because of the pandemic; it seems rather apparent that the EPO takes full advantage of this pandemic to wage further attacks on staff and on the law. This is done openly and shamelessly. They're simply not afraid of any consequences. Who's going to enforce the law? Even politicians are in quarantine.

A decade ago when we wrote about the EPO it was mostly about illegal software patents (same issue at the USPTO prior to 35 U.S.C. €§ 101/Alice) and rarely if ever about treatment of staff, which had already protested outside the EPO.

"Over the years we wrote about half a dozen articles about Mr. Prunier, whom EPO staff in Dutch territories loved (based on what we heard)."The EPO and the USPTO continue granting these illegal software patents, even if courts repeatedly reject those. Over at Watchtroll ("IPWatchdog"), for example, Jose Nunez has just published "The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part II" and yes, they literally advocate monopoly on maths! So does the EPO; they're not even pretending otherwise.

We recently saw in Kluwer Patent Blog a comment that said what we had been saying for a long time. A few days ago someone said that EPO staff had been put in a tough position: break the law (or participate in breaking of the law) or lose the job! It's causing all sorts of mental issues; imagine being forced to harm people for a living; sooner or later consciousness kicks in and then the financial instinct ("gotta pay the mortgage!") conflicts with morality. No worker should ever be put in such a position/dilemma.

Over the years we wrote about half a dozen articles about Mr. Prunier, whom EPO staff in Dutch territories loved (based on what we heard). We were disturbed to learn about health implications Battistelli's bullying had on him; he wasn't the first though and other victims include Judge Corcoran. The bullying is very much intentional; it's psychopathic. Remember what led to the "Suicide Wave" in the largest French telecommunication company. Management styles play a major role in the wellbeing of staff and executives can be held criminally liable for an over-aggressive approach. But not at the EPO... it's immune!

Yesterday we learned, based on insiders, tweets and this "Kluwer Patent Blogger" (anonymous) blog post, that Mr. Prunier chose to leave the EPO. SUEPO circulated information about it and here are some key bits (no comments yet and SUEPO has not linked to it):

Prunier was fired in of a period of deep turmoil, protests and conflicts at the EPO during the precidency [sic] of Benoit Battistelli, who was accused of creating a climate of fear, putting workers under intolerable pressure and ignoring the organization’s own rules. His controversial leadership lead to parliamentary debates in the Netherlands, France and Germany, to a conflict with the Dutch government and dozens of court cases at the ILOAT, among others (see, for instance, here and here). Several cases of suicide of staff members were linked to the working conditions at the EPO.

According to Battistelli, Prunier had been harassing a colleague. But the dismissal was widely linked immediately to his activities for the trade union and the CSC. Two other SUEPO leaders were fired in 2016 as well, another was downgraded. Prunier has always denied any wrongdoing and asked for transparency: ‘The easiest solution for the public to assess the truth vs. story-telling is for Mr Battistelli to lift the confidentiality he imposes on me and I will gladly publish all the documents’, he wrote at the time in an open letter.

Although the settlement probably means the EPO has acknowledged Prunier should not have been fired, he will not return at the office, according to the SUEPO’s announcement: “The ordeal, which has lasted more than 3 years, has severely impacted Laurent’s life and health. In light of this impact, and in spite of having been a truly committed and valuable EPO colleague, Laurent chose not to return to the Office to be able to properly recover.”

Since his start in office, almost two years ago, there has been pressure on Battistelli’s successor António Campinos to settle the previous administration’s sanctions against prominent SUEPO leaders. There is widespread disappointment (read this blogpost for instance) that it has taken so long to achieve this in cases like Prunier’s and that some have still not been resolved. “We take this opportunity to recall that two former Staff Committee experts remain abusively sanctioned: Aurélien Pétiaud in Munich and Michael Lund (now on pension) in The Hague. We hope that the President will finally provide relief to them, too”, SUEPO wrote.

Also on other fronts the relation between the presidency and staff has not at all normalized, as was initially hoped after the leadership change in July 2018. Late last year, hundreds of staff members in The Hague and Munich protested against working conditions, for the first time since Campinos took office. According to them, he had failed to restore the social dialogue. They were particularly concerned about plans of the EPO to cut costs.


The EPO needs to cut corruption, not costs. There's profound EPO corruption that harms Europe, as well as EPO staff.

Will the above settlement help distract from the latest attacks on EPO staff? These attacks intensified during the pandemic. Kluwer has said nothing about these (it covered other angles).

Looking through Kluwer comments in another thread, we find further information on EPO abuses against staff, forcing them to violate the EPC while EPI looks the other way:



It’s a Small World, these days. Tendencies one notes in one jurisdiction are there to see, in many others, when you think of looking for them.

Imagine you are a scientist, occupying a vital post of Chief Scientific (or Medical) Adviser to The President (of the USA) or the Prime Minister (of the UK). The health and welfare of the population of your country depend on your retaining the attention of the President. If you disagree with him, the next thing that happens is “You’re fired”. How shall you then continue to damp down the President’s wilder flights of fancy

Likewise the EPI. Disagree with the EPO’s President and you lose his ear. Is this why the EPI behaves like a rabbit caught in the beam of the headlights?

Or is it that the Institute is frightened of offending its biggest clients, the world’s largest corporations.

When lawyers cease to defend The Rule of Law, what is the consequence i) for democracy ii) individual freedom? EPI officers should mull that over. Perhaps it would help them to find their feet and stiffen their backbone.



"Roufousse T. Fairfly" then added more information, including the (mis)use of Microsoft Skype for legal procedures:

Even when looking beyond the current situation, I firmly believe that video-conferencing can contribute to a more efficient, modern and sustainable European patent system, in line with the goals of the EPO’s Strategic Plan 2023.

“Efficient”, “modern”, “strategic”, “firmly believe”, yadda, yadda, yadda… I call BINGO! This hollow management speak (a.k.a. “xyloglossie” or “Betonsprache”), which has infected the EPO decades before the current regime, drives one to despair.

– Why are you doing this? – Because. – Because why? – Because we can.

The reference to a “line manager” in the quoted text isn’t very clear. I understand that in the last years the responsibility of directors was extended to units of something like 50-100 examiners, where it had been 20-30 in earlier times. To compensate (?) for this, a network of “team leaders” (I believe this is their title) came into existence as a new “management” layer, to which is delegated the implementation of whatever unrealistic target is set from above. In other words: deputy cattle-prods. Needless to say, those examiners who volunteer — or are volunteered — for this job aren’t exactly popular, I heard them referred to with anfour-letter German word beginning with “K”…

Specifying that OPs are to take place by video might upend in some way the case-law denying applicants their choice of location for holding OPs (Den Haag or Munich). What happens if an applicant is adamant to have an in-person OP?

I expect this measure to backfire in another way. Even though conditional requests for OPs are fairly systematic in the European procedures, these are actually infrequently conducted once they are summoned. At that point, applicants often withdraw, or become serious and file new requests, and/or announce they won’t attend. There are only few applicants who will pay travel and board for their EPAs, even if they are next door to the EPO. OPs are therefore often quick, mostly formal affairs.

Since about EPA from Lisbon to Tallin would be roughly on an equal footing with those located closer to EPO locations, I believe that many more OPs would actually take place. I therefore expect the general availability Vicos to increase the real work load of examiners. In my day I already had some examining division colleagues dragging their heels considering that they were doing me a favour by providing “unpaid” work (in production points).

Technology therefore doesn’t necessarily mean progress…

With this new measure, virtually all interactions (filing of documents, requests and replies, payments) between applicants and the EPO are now performed in the electronic space, and official notifications by registered mail can be considered as a backup.

The question arises in my opinion as to the continued relevance of Article 133(2) and (3) EPC, which makes representation compulsory for EPC-foreign applicants. Even though a “Vertretungszwang” is compatible with the reservation of Article 2(3) of the Paris Union, how can you keep justifying it morally, or perhaps even legally in the view of other trade-related treaties?

I would expect new problems to arise. For example, should parties from overseas be allowed to participate in an OP, even under the control of the EPA? Would it be allowable to just pipe the ViCo to the applicant in Beijing or Chicago? After all, many EPAs want to show that they properly defended their clients’ interests. But then, can everyone resist the temptation of making a discreet private recording? After all, it’s 2 AM in the windy city when it’s 9 AM in Munich. An EPA might possibly be expected to respect the prohibition on recording, but is his customer bound by these rules? Or an irate pro-se applicant?

I very rarely use privately Skype, Zoom et al. In general, I find hands-free communications unnatural, and wouldn’t want to be forced to use it. Too many discussions sound like the infamous “cone of silence in “Get Smart”, even on quality facilities like those at the EPO.

The “Business” version of Skype appears to be offered for Windows, Android and Apple, but not for any *nix flavour. Skype has a bad reputation since at least Edward Snowden, and wouldn’t be accepted in some jurisdictions:

[Lexology, CH, 24.04.2020] COVID-19: Einsatz von Video- und Telefonkonferenzen in Zivilverfahren

Bei Video- und Telefonkonferenzen muss der Datenschutz bzw. die Datensicherheit stets gewährleistet werden. Die Übertragung von Bild und Ton muss “end-to-end” verschlüsselt erfolgen. Die benutzten Server müssen sich zwingend in der Schweiz oder der Europäischen Union befinden, was die Wahl der möglichen Provider erheblich einschränken dürfte. Eine unbefugte Datenweitergabe an Dritte muss verhindert werden. Im Rahmen dieser Grundsätze sind die Gerichte bei der Auswahl der entsprechenden Infrastruktur grundsätzlich frei. Es wird jedoch empfohlen, die Vorgaben und Empfehlungen der Datenschutzbeauftragten zu berücksichtigen.

Why should a EPC member state accept a lesser standard from the EPOrg?

But others are apparently less picky: [lto, 02.01.2020, DE] Richter, Anwalt und Zeuge beim Skype-Chat. German justice is however having a rough time currently…

[...]

For OPPO, I just realised there is another problem: language interpreters. How do you fit them in the process?

And how do you prepare them before an OP?

The interpreters are normally supplied with a copy of the paper file, and briefed about the case, important documents, special terminology of the field, and what to expect about the conduct of the proceedings. This isn’t trivial work.

A full two-way translation requires 2 pairs of interpreters (eg: 2x EN-FR, 2x FR-EN), with each pair working closely and taking over. How do you coordinate this when everyone of them sits elsewhere? The setup for the Vico would have to provide different channels depending on the party. Transmission delays would probably be horrendous. Does Skype-for-whatever even provide for this?


"German justice is however having a rough time currently," the above says, which leads us nicely into our next article (about the UPC).

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025