Bonum Certa Men Certa

When You Replace 10,000 Euros Per Month Patent Examiners With 2,000 Euros Per Month Patent Examiners...

Video download link | md5sum 543d032cd85ded59197ef1a8f064fdf0



Summary: The patent quality crisis at the EPO is related to the recruitment crisis; the EPO rapidly loses a potent patent examination workforce, which it is unable to replace, quite likely by intention

In an "[a]rticle originally written and published by SUEPO Munich," according to insiders, we're clearly seeing a problem that should be widely understood. It is a problem we've long spoken about -- namely inability to attract suitably-equipped patent examiners to study applications for a monopoly. Here is the publication, which is dated 2 years ago but is still very relevant (probably even more relevant now than back then):



25.11.2019 su19026mp – 0.2.1/4.2.1/4.2.2

EPO salaries – hiring for excellence



Mr Campinos, supported by the Administrative Council, seems determined to lower salaries and other benefits at the EPO. This raises the questions: why are the salaries and benefits as they are and should they be lowered? This publication tries to give some answers.

Requirement for recruitment at the EPO Article 5(1) of our Service Regulations sets out the requirements for recruitment at the EPO: “Recruitment shall be directed to securing for the EPO the services of employees of the highest ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of the Contracting States.”

I. Highest ability and efficiency – Language skill and technical knowledge For all employees at the EPO “highest ability” includes language skills: internal and external communications can be in any of the three official languages. For many of us that means the knowledge of three foreign languages in addition to our mother tongue (and Dutch in The Hague). It is obvious that the “highest ability and efficiency” comes at a price.

II. Broadest geographical basis – recruitment from all member states The requirement that staff be recruited “on the broadest geographical basis from among nationals of the Contracting States” also has an impact on the EPO salaries. This requirement is common to most, if not all international organizations (e.g., UN1) and early on led to the formulation of the so-called Noblemaire principle2. Application of this principle has been consistently supported by ILO-AT until nowadays3: “The Noblemaire principle [...] embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest.4

III. Integrity According to Article 14a(1) of the Service Regulations, an EPO employee is further meant to “carry out his duties with integrity and loyalty, and conduct himself solely with the interests of the Organisation in mind. He shall neither seek nor take instructions from any government, authority, organisation or person outside the Organisation.” A pay that is perceived as a fair reward for the high performance and a permanent post, i.e. the prospect of a future within the EPO, help maintain a high level of integrity.

__________ 1 The UN obey the Noblemaire principle, which is binding on any organization that belongs to the UN system (here). 2 From the name of the Chairman of a Committee of the League of Nations (1920). 3 Noblemaire principle at the ILOAT (here). The ILO-AT recently re-affirmed the principle in Judgment 4134 (consideration 11). 4 see Judgment 831 (consideration 1)




Patent examiners – a special case Patent examiners are among the better paid civil servants in many countries5, at least in those countries that take patents seriously. Why should this be so? One is that whenever a new technical field emerges, the patent office finds itself in direct competition with industry for the relevant technical experts. In order to be successful in recruiting such experts, a patent office thus has to offer attractive working conditions.

Another reason for the relatively high level of pay of patent examiners lies in the nature of the job. Searching and examination require a very high level of technical training (engineering or university level). The work further has a strong legal component, in the EPO additionally requiring – as pointed out above – considerable language skills and for many the willingness to leave their home country. The EPO is therefore looking for the rare proverbial “eierlegende Wollmilchsau”.

Is the EPO already in breach of the Noblemaire principle? Let us recall that the Noblemaire principle requires the EPO to set its salaries at a level “that will draw and keep citizens of countries where salaries are highest”. A glance at the latest recruitments listed on the EPO intranet shows that already today the EPO is struggling to attract new staff from across all its member states. The conclusion must be that the Office is breaching the Noblemaire principle and should adjust staff pay upwards, not downwards.

Cui bono? There seems little doubt that jobs at the EPO have become much less attractive in recent years. Mr Battistelli reduced the recognition of previous experience, lowered the starting salaries, introduced 5-year contracts and strongly curbed career progression within the job. Flattening of the hierarchy in the patent administration and patent examination areas virtually eliminated the prospects of a managerial career in DG1. Mr Campinos now foresees further cuts.

ILO-AT has criticized organisations for reducing salaries purely in order save money, see e.g. Judgment 3921 (consideration 11): “While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff’s expense is not by itself a valid reason for departing from an established standard of reference [...].” So the Office needed a justification to attack salaries and paid for a controversial report which it then interpreted as negatively as the report allows, and added a two billion euro buffer on top.

EPO staff are dedicated and intelligent. They are perfectly able to recognize a true financial emergency and – if such an emergency occurred – would without doubt be ready to make sacrifices to get the EPO through the crisis. However, they see through the current fake crisis. Note that last year Mr Battistelli still claimed that he had made the EPO fit for the future. So let us suppose that as the years pass it transpires that it was never necessary to save 5.8 billion euro. What will the Office do with all the extra money? Perhaps find a mechanism to give a considerable portion of it to the member states, the member states that sit on the Administrative Council and are the ultimate decision makers in the European Patent Organisation?

What the delegates and Mr Campinos seem to forget is that its highly trained and (until recently) highly motivated staff are the only real asset that the Organisation has. So again: rather than cutting staff benefits, the Organisation should invest in staff in order to be fit for any future crisis. Not investing in staff risks killing the goose that lays their golden eggs6.

SUEPO Munich

_______ 5 USPTO Examiner brochure 2018 (here) 6 Governance of the EPO: https://www.suepo.org/public/ex104034cp.pdf


The video discusses the ramifications for Europe, which is simply being 'sold' piecewise to monopolies from other continents.

"What good is a patent office incentivised to just grant as many patents as possible irrespective of their quality and their compliance with the underlying laws?"Sadly, the EPO as a whole got compromised, and this goes well beyond the examination division. The Office nowadays controls the whole Organisation, which was supposed to oversee the Office. Even the courts are controlled by the Office.

As someone put it the other day, expressing concern about the independence of judges (BA): "It is a disgrace that the AC [Organisation] does not any longer controls the office and its president."

Here's the full comment:

It is farcical to see the president of the BA and the president of the EPO signing a MoU. One should not forget that the former only has the powers delegated to him by the latter. The chair of the BA has to approved by the president even if he appointed by the AC. The day the BA can forward their budget request directly the AC we will be able to see a beginning of perception of independence. But it still remains that the conditions of reappointment have never been published. Only a proper reform of the statute of the BA without any possibility of the president to interfere with the working of the BA will the BA be fully independent. In 2004 an opportunity was sadly missed. As far as the return to Munich is concerned, the person responsible will never have to support the costs implied. The users and the staff are footing the bill. But what can you do when immunity means impunity. And the tail is wagging the dog. It is a disgrace that the AC does not any longer controls the office and its president. But the cooperation budget is in good hands.


What good is a patent office incentivised to just grant as many patents as possible irrespective of their quality and their compliance with the underlying laws?

Recent Techrights' Posts

On the Internet, Nobody Knows Microsoft and Windows Are Becoming Niche Players Until Data is Shown Correctly, Not Microsoft-Sponsored Articles in Microsoft Publishers
Microsoft controls a lot of publishers and thus it controls information
All That's Left of MSNBC (Microsoft-NBC) is Microsoft NOW
When plutocrats and large corporations (even deep in debt) buy all the communication channels
 
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025
IBM Operatives Inside The Register MS and More Shady Money to Follow
The Register MS bites every banknote it can sink its teeth into
Slopwatch: Serial Sloppers and Slopfarms in Google News (e.g. Linux Journal and WebProNews)
Google plays an active role (if not deliberately then through utter neglect and carelessness) in plagiarism
Links 20/08/2025: Mass Surveillance Framed as "Artificial Intelligence" (All Old Things Reworded to Misframe Old Computer Issues), Europe Resists Capitulation to US(SR)
Links for the day
Gemini Links 20/08/2025: Trips and Permacomputing
Links for the day
Links 20/08/2025: Oracle Layoffs in India, "AI" Scammers/Profiteers Admit It's a "Bubble", Softbank-Saudi (Oil) Control Tech Companies
Links for the day
Social Control Networks Give You False Metrics to 'Addict' You To Them
Leaving social control media may seem hard, but the same is true for any other addiction
A Lot of What Happened in Twitter Was Bots, Botfarms, and Troll Farms. It's Even Worse Now (Under X.com) and People Are Noticing.
Last month we said the same was happening in YouTube
Microsoft May Have Become - at Least Partially - Like a Boiler Room Scam
Giving imaginary salaries using imaginary tokens based on imaginary value (with restrictions on conversion to cash)
In Vietnam, Microsoft's Search Engine "Market Share" Fell to Almost 0%, CocCoc More Than 5 Times Bigger
Why are people still investing in this company?
The Register MS, Paid to Promote "AI" Hype, Does "Sez" (Says) Pieces
every bubble-funded "news" site tries to make it a story about "AI"
Many Companies Are Run by Liars Who Ride Other People's Money
Or steal it
Before CoreAI There Was Builder.ai
GitHub isn't about "AI" (just a bunch of lies and storytelling for shareholders' patience)
Microsoft Windows in Croatia at New Lows
We've been keeping track of this trend for a while
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day
Accessibility Isn't Overrated
Making things simpler typically means better accessibility
The Register's Slopfest
Remember when The Register UK (yes, UK) had better standards?
Latest Version of Windows (Vista 11) is a Failure 4 Years After Its Fake 'Leak'
Vista 11 became more scarce this month
Improving Our Archives
Our old archives are still accessed a lot. Making them better is well worth the investment.
Things One Learns as a Litigant in Person at the UK High Court
Don't fear the official manuals
Slopwatch: Lots of Fake Articles From Fake "Linux" Sites and About "Linux"
Google says it's committed to "AI" (it means slop, not AI); that seems like an excuse to dodge accountability
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day