Bonum Certa Men Certa

The EPO Can Never and Will Never Recover If It Fails to Communicate With People Who Actually Understand the Job of a Patent Office

The EPO isn't a cash register, it's supposed to function like a patent office (with only legitimate European Patents)

EPO Rating Cartoon
Image creator unknown. Contributed by a reader 2 years ago.



Summary: Months after the Office (Europe's largest patent office) cut off communications with the union of staff it informally does the same with internal staff representatives; there seems to be no person with real understanding of patents participating in decision-making processes

PRESIDENT António Campinos (or 'RESIDENT EVIL') is no longer trying to impress anyone. Why would he? Staff is well aware that it's another flavour (or colour) of Benoît Battistelli -- moreover one who was shoehorned into this presidency by Battistelli himself.



"The Central Staff Committee (CSC) of the EPO has been doing spectacular work."The only remaining question is, what's staff going to do about it?

The Central Staff Committee (CSC) of the EPO has been doing spectacular work. So has SUEPO, which of course supports the CSC (and vice versa, unlike the yellow union nobody hears about anymore).

The other day the CSC wrote and then disseminated among staff the latest letter about the notorious 'New Normal', which basically strives to normalise abnormality and illegality [1, 2]. That's not to say that normalcy/normality is possible after the pandemic, but at the same time crushing the rule of law is universally unacceptable.

"That's not to say that normalcy/normality is possible after the pandemic, but at the same time crushing the rule of law is universally unacceptable.""No consultation in sight on the orientation paper," the CSC moaned, basically repeating what the staff became accustomed to hearing. The gist of it is, Campinos fakes dialogue, hardly even simulating or emulating any. The president's pretence is revealing. He's an "empty suit"... he himself knows it. "No more Mr. Nice Guy..."

"Mr Campinos rightly points out that “Towards a New Normal” is an orientation document addressing issues that stand to affect a vast majority of our colleagues considerably," the CSC told staff. "It is all the more surprising that the only “consultation” he considers necessary is to give the “opportunity to give further input” to “stakeholders”, which will be assessed for inclusion in the final draft of the document."

What "inclusion"? Nowadays when the EPO speaks of inclusion it means a bunch of fluff that helps distract from the corruption of the EPO's management. Either way, as the letter below puts it: "You mention that 900 colleagues have followed your invitation to submit input and have contributed. We have no intention of following the invitation of your Principal Director Communication and making the 901st written contribution."

"...back in February (or thereabouts) the Office cut off communications -- except informal -- with the union, SUEPO, but now it informally does the same with the Central Staff Committee (not union but internal staff representation)."Guess where Principal Director Communication comes from...

"Proper good-faith statutory consultation must allow a reasonable amount of time for the consulted body to discuss the issue, have its principal questions answered and provide reasoned advice or recommendations," the CSC continued. "The proposed exercise, i.e. merely sending “further input” to an email address, lacks essential features of a genuine consultation. External stakeholders have also long understood that such a call for input is more of a communication exercise than a consultation."

It's all PR, a face-saving exercise of an autocracy advised by Principal Director Communication, an Iberian Joseph Goebbels of sorts.

"The final draft will be submitted to the Administrative Council (AC) in June and gives a basis for making further proposals in the future," the CSC said, but "Mr Campinos apparently intends to continue the bad habit of the past, which is to get a favourable opinion from the Member States on a vague orientation and use it to confront staff and their representation later with faits accomplis, arguing that the AC has agreed on the orientation anyway."

This is similar to what they said in the open letter, which is available herein as simplified HTML.

Reference: sc21053cl-0.3.1/ Date: 28.04.2021

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR - R.1081

OPEN LETTER

No consultation on New Normal orientation paper

Dear Mr President,

Thank you for your letter of 22 April!

You rightly point out that “Towards a New Normal” is an orientation document addressing issues that stand to affect a vast majority of our colleagues considerably. It is all the more surprising that the only “consultation” you consider necessary is to give the “opportunity to give further input” to “stakeholders”, which will be assessed for inclusion in the final draft of the document.

You mention that 900 colleagues have followed your invitation to submit input and have contributed. We have no intention of following the invitation of your Principal Director Communication and making the 901st written contribution.

In plain language, consultation should be the process of discussing something with someone in order to get their advice or opinion about it1. In legalese, proper good-faith statutory consultation must allow a reasonable amount of time for the consulted body to discuss the issue, have its principal questions answered and provide reasoned advice or recommendations2. Your proposed exercise lacked essential features of a genuine consultation. External stakeholders have also long understood that such a call for input is more of a communication exercise than a consultation3.

____ 1 See Cambridge Dictionary 2 See e.g. ILOAT Judgment No. 4230 3 See the Article “Will the EPO still be normal under the „New Normal“?” in Kluwer Patent Blog: “...The language used throughout this document is woolly at best, occasionally suspiciously close to the language used in the infamous communications of the Ministry of Truth in Orwell’s 1984...”




You mention that the final draft will be submitted to the Administrative Council (AC) in June and give a basis for making further proposals in the future. From this we infer that you intend to continue the bad habit of the past, which is to get a favourable opinion from the Member States on a vague orientation and use it to confront staff and their representation with faits accomplis, arguing that the AC has agreed on the orientation anyway. This paves the way for far-reaching reforms that will undoubtedly affect the conditions of employment and the working conditions of staff, on the basis of a document that has bypassed meaningful consultation.

We have stressed the need for consultation in numerous papers and letters4. We regret that you are making less and less effort to maintain a semblance of social dialogue, particularly on the issue of “New Normal”.

This notwithstanding, we make here a final call for consultation.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee

____ 4 See e.g. ● “New Normal” An opportunity to focus on EPO staff; ● Workplace concept – Need for a strong “business” case; ● “Towards a New Normal” orientation document - The Staff Representation is ready for dialogue...


As we pointed out before, back in February (or thereabouts) the Office cut off communications -- except informal -- with the union, SUEPO, but now it informally does the same with the Central Staff Committee (not union but internal staff representation). The Chairman isn't amused and the change of tone is glaringly obvious, e.g. "we make here a final call for consultation." (Sounds like an ultimatum of sorts)

Recent Techrights' Posts

FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
 
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024