09.07.21

Gemini version available ♊︎

EPO Timeliness (or How the European Patent Organisation/Office Uses Time to Deny Justice)

Posted in Europe, Law, Patents at 8:11 am by Dr. Roy Schestowitz

Have I won my appeal yet?
Some people will never live (literally) to see justice; to borrow an example, Japan is just waiting for Korean “comfort women” to die (not many of them left by now).

Summary: Staff representatives from Europe’s second-largest institution show that many workers were denied a promotion in complete and direct violation of the contract they had signed; it took 6 years for the matter to be rectified and nobody is being held accountable, as usual…

THE Central Staff Committee (CSC) of the EPO wrote about nearly 3,000 days of EPO violating fundamental rights of the staff on the same day it issued a 3-page publication about CA/D 10/14, also known as “New Career System” (when the dictator Benoît Battistelli uses a term like “new” and António Campinos speaks of “adjustment” remember that it is newspeak).

“Back in 2014,” the CSC explains, “some examiners recruited under the Old Career System on language contracts in old job group grade A1 did not receive an expected promotion to A2 after the date of their appointment as permanent employees. This had to do with the transition to the New Career System (NCS). Some of them filed an internal appeal.”

This is about several dozens of workers who actively challenged the situation. There are more out there who chose not to challenge Battistelli, maybe out of fear (remember what year it happened; Battistelli was already kidnapping judges!), so there’s a call for more workers to join: “If your [sic] are in the same (or a similar) situation as the appellants, please send a short note to the CSC (Keyword A1/A2 promotion). In this way information can be shared and common actions, if needed, can be coordinated.”

“This is about several dozens of workers who actively challenged the situation.”“After more than 6 years of procedure,”the CSC notes, “the Appeals Committee unanimously recommends to compensate the appellants for the lost A1/A2 promotion…”

The CSC quotes a decision as saying: “Any reasonable person would have felt a sense of gross unfairness and injustice at receiving the treatment that resulted for the present appellants from the application of decision CA/D 10/14″ [New Career System]

How could the EPO’s management possibly win such a case? There’s no merit or justification for what it did. So of course the EPO “President [only after 6 years] has decided to follow the recommendation and retroactively grant the appellants the equivalent number of steps. We hope that the President will apply the recommendation to all colleagues who find themselves in the same or similar situation.”

“The EPO likes talking about “timeliness”, conflating that with quality, but when it comes to its very own staff a decision so trivial can take so long? It doesn’t make any sense.”Why did it take 6 years? Why does a fundamental right of staff being violated for nearly 3,000 days before something gets done (or not) about it? Why can ILO-AT appeals take half a decade (sometimes more) to fully process?

The EPO likes talking about “timeliness”, conflating that with quality, but when it comes to its very own staff a decision so trivial can take so long? It doesn’t make any sense.

Reproduced below is the full publication, dated yesterday:

Zentraler Personalausschuss
Central Staff Committee
Le Comité Central du Personnel

Munich, 06/09/2021
sc21110cp

New Career System
Appeals Committee in favour of staff

After 6 years appellants win cases on missed A1/A2 promotions

Case: No promotion to A2 because of New Career System
Some examiners recruited in 2014 under the Old Career System on language contracts in old job group grade A1 did not receive an expected promotion to A2 after the date of their appointment as permanent employees. This had to do with the transition to the New Career System (NCS). Some of those examiners filed an internal appeal.

Appeals Committee disagrees with the Office
The internal Appeals Committee in its final opinion on the case now recommends to compensate the appellants for the lost A1/A2 promotions. We are very pleased to learn that the President will follow this recommendation and retroactively grant them the equivalent number of steps.

The Appeals Committee concluded unanimously that the EPO was not sufficiently diligent in the exercise of its discretion and violated its duty of care by not providing any transitional measure. It also considered that the short time frame between the date the appellants accepted the job offer (2014) and the changes resulting from the New Career System reform (2015) constituted an aggravating factor.

The proceedings lasted 6 years
In the view that the Appeals Committee unanimously agreed with the appellants, our interpretation of the case is that it has been another substantial waste of time and money on the part of the EPO and staff. Indeed, for the Appeals Committee:

Any reasonable person would have felt a sense of gross unfairness and injustice at receiving the treatment that resulted for the present appellants from the application of decision CA/D 10/14 [New Career System]“

(from the abstract of the opinion of the Appeals Committee)

Note that CA/D 10/14 is the Administrative Council’s decision of introducing the New Career System.

Damage for the Office from errors of the past
Many lessons are to be learned and the outcome has still to be analysed. What is sure is that there is a need to avoid such litigation in the first place and, if unavoidable, to accelerate the internal procedure of conflict resolution. Office resources should be better managed in order to avoid sterile disputes. Errors from the past when implementing new reforms have caused much frustration to staff and highlight today once more the dysfunctional processes having led to these errors.

And for the future?
Many reforms of the past are tainted with unfairness and injustice. Our calls to revise them have received little attention but we still hope for a reassessment of the relationship between management and staff. A relationship in which legal conflicts are prevented and solved faster and more efficiently by an open dialogue.

Application to everybody?
The Appeals Committee has acknowledged that a total of 37 colleagues did not receive a promotion from A1 to A2 in 2014. However, only some of them filed an internal appeal. We hope that the President will apply the recommendation of the Appeals Committee to all colleagues who find themselves in the same or similar situation.

In our view, this would be the right way forward and an indispensable step towards a long due reconciliation. Furthermore, if recommendations by the Appeals Committee would be applied not only to those who filed an internal appeal but to everybody who finds itself in the same or similar situation as the appellants, this would contribute to substantially reducing the future workload of the Appeals Committee. Mass appeals and related legal costs could be avoided. Furthermore, it would greatly foster trust in the internal legal system.

You are in the same (or a similar) situation as the appellants? Contact us!
Please send a short note to the CSC (Keyword A1/A2 promotion) if you believe you are in the same or similar situation as the appellants. In this way information can be shared and common actions, if needed, can be coordinated.

Your Central Staff Committee

There’s so much injustice at the EPO and nobody is being held accountable. Why does the EU tolerate this? Why are member states not raising their voices? We’re going to look more closely at such questions in weeks to come.

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. How (Simple Technical Steps) to Convince Yourself That DuckDuckGo is Just Spyware Connected to Microsoft, Falsely Advertised as 'Privacy'

    In recent days we published or republished some bits and pieces about what DuckDuckGo really is; the above reader dropped by to enlighten us and demonstrate just how easy it is to see what DuckDuckGo does even at the client side (with JavaScript); more people need to confront DuckDuckGo over this and warn colleagues/friends/family (there’s more here)



  2. Austria's Right-Wing Politicians Displaying Their Arrogance to EPO Examiners

    The EPO‘s current regime seems to be serving a money-hungry lobby of corrupt officials and pathological liars; tonight we focus on Austria



  3. [Meme] Friedrich Rödler's Increasingly Incomprehensible Debt Quagmire, Years Before EPO Money Was Trafficked Into the Stock Market

    As it turns out, numerous members of the Administrative Council of the EPO are abundantly corrupt and greedy; They falsely claim or selfishly pretend there’s a financial crisis and then moan about a "gap" that does not exist (unless one counts the illegal gambling, notably EPOTIF, which they approved), in turn recruiting or resorting to scabs that help improve ‘profit margins’



  4. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…

    Prior to the Benoît Battistelli and António Campinos regime the EPO‘s hard-working staff was slandered by a corrupt Austrian official, Mr. Rödler



  5. Links 17/10/2021: Blender 2.93.5, Microsoft Bailouts

    Links for the day



  6. Links 17/10/2021: GhostBSD 21.10.16 and Mattermost 6.0

    Links for the day



  7. IRC Proceedings: Saturday, October 16, 2021

    IRC logs for Saturday, October 16, 2021



  8. [Meme] First Illegally Banning Strikes, Then Illegally Taking Over Courts

    The vision of Team Battistelli/Campinos is a hostile takeover of the entire patent system, not just patent offices like the EPO; they’d stop at nothing to get there



  9. Portuguese Network of Enablers

    Instead of serving Portuguese people or serving thousands of EPO workers (including many who are Portuguese) the delegation from Portugal served the network of Campinos



  10. In Picture: After Billions Spent on Marketing, With Vista 11 Hype and Vapourware, No Real Gains for Windows

    The very latest figures from Web usage show that it’s hardly even a blip on the radar; Windows continues bleeding to death, not only in servers



  11. [Meme] [Teaser] Double-Dipping Friedrich Rödler

    As we shall see tomorrow night, the EPO regime was supported by a fair share of corrupt officials inside the Administrative Council



  12. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal

    How illegal “Strike Regulations” and regressive ‘reforms’ at the EPO, empowering Benoît Battistelli to the detriment of the Rule of Law, were ushered in by António Campinos and by Portugal 5 years before Campinos took Battistelli’s seat (and power he had given himself)



  13. Links 16/10/2021: SparkyLinux Turns 10 and Sculpt OS 21.10

    Links for the day



  14. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  15. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  16. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  17. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  18. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  19. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  20. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  21. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  22. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  23. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  24. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  25. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  26. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  27. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  28. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  29. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  30. Links 15/10/2021: 95% of Ransomware Targets Windows

    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