05.01.21

Gemini version available ♊︎

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

Posted in Europe, Patents at 2:25 pm by Dr. Roy Schestowitz

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)

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Wednesday, October 27, 2021

    IRC logs for Wednesday, October 27, 2021



  2. [Meme] False Choices and False Dichotomy Designed for Self-Harm

    The self-serving EPO surveys, which Benoît Battistelli and António Campinos design to justify their own policies, have severe flaws in them



  3. Links 27/10/2021: XOrg Server 21.1 and Makulu Shift Ubuntu Variant Released

    Links for the day



  4. Links 27/10/2021: Murena for /e/ and Red Hat Condemned for Its Nationalism/Racism

    Links for the day



  5. [Meme] EPO Presidential Surveys

    The 'social democracy' of Benoît Battistelli and António Campinos as demonstrated by a controlled survey (controlled by the subject of the survey, EPO governance)



  6. 'Shaping the New Normal' Survey at the EPO Got 5,554 EPO Staff to Participate, But It Was Controlled by Liars With an Agenda

    Last year’s EPO ‘study’ (hogwash about “quality” and other unscientific junk) was likely biased by virtue of autocrats controlling it and exploiting it for nefarious agenda and brainwashing of national delegates. The Staff Union of the EPO (SUEPO) has a new survey in the making.



  7. Many of the National Delegations (or Delegates) in the EPO's Administrative Council Have No Understanding of What They Vote on

    One must consider the possibility that ignorance or gullibility (which lack of qualifications may entail) possibly became a contributing factor — malice and bribery aside — in systemic failure of the EPO’s governance



  8. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League - Fresh Blood or Same Old, Same Old?

    We take stock of "captured states" that voted in favour of unlawful "Strike Regulations"



  9. IRC Proceedings: Tuesday, October 26, 2021

    IRC logs for Tuesday, October 26, 2021



  10. Beatriz Busaniche Speaks Up in Defense of Richard Stallman

    Beatriz Busaniche sent us this comment in July 2021. She wrote it originally in Spanish. Here are both the original text and our translation to English.



  11. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  12. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  13. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  14. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  15. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  16. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  17. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  18. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  19. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  20. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  21. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  22. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  23. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  24. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  25. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  26. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  27. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  28. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  29. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  30. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day


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