Bonum Certa Men Certa

The European Union's Unspoken-About Blunder: EPO (Patent-Granting Office) Coup and Ongoing Coup Against Patent Courts

Video download link | md5sum b84d35a08a7dc4bb537710b6cea80ec1 Rectifying Lawlessness at EPO Creative Commons Attribution-No Derivative Works 4.0



Summary: The EPO's "f*cking president" António Campinos (he actually referred to himself as "the f*cking president") is going to face more and more challenges as scrutiny from outside the patent microcosm becomes inevitable if not imminent

The "patent microcosm" -- an old term that refers to self-serving groups with no consideration or any regard/respect to "externalities" - is dominating the EPO and the overseeing body (mostly representatives of national patent offices, but not of nation states) must be challenged. The UPC lobby and the people who hijacked the EPO (overlapping groups) make people's lives miserable, both inside the EPO and outside the EPO. The same people who hijacked the EPO (large corporrations and international law firms) try to do to patent courts what they did to Europe's largest patent office, but that aspect shall be covered in the next post and today's final video.



We've sadly not spent much time lately covering EPO scandals or even the lack of UPC progress. It's mostly a matter of prioritising based on urgency. It has been about 3 weeks since we last covered EPO staff affairs except more minor aspects. The above video talks about this petition, which was brought up again some days ago in light of the union communicating "upwards", seeking to get member states to intervene and disrupt EPO corruption (such as the violations of the EPC, resulting in European software patents among other monstrosities).

Some days ago the following message was circulated among examiners (for the most part):

Strong support for the petition to the Administrative Council to call for a Conference of Ministers of the Contracting States under Article 4a EPC



Dear Colleagues,

In total 1016 EPO staff members support the petition to the Administrative Council to call for a Conference of Ministers of the Contracting States under Article 4a EPC.

We would like to express our sincere thanks to all the signatories for their clear support. This strong signal has been sent to the Chairperson and to the Heads of Delegations of the Administrative Council in an open letter.

It is now up to the Administrative Council to ensure that the conference is convened as soon as possible. We will continue to monitor the progress of the issue and will keep you informed of further developments in a timely manner.

Your SUEPO Central Bureau


SUEPO is well aware that the Chairperson is pretty much in the pocket of Campinos. Nothing will be done by the Chairperson unless his own job is at risk; but this is what happens when the "patent microcosm" is being put in charge of the "patent microcosm". Heck, maybe he'll get a high-paying job at the EPO later on (like Dr. Ernst, his predecessor).

Here is the open letter to with annexes merged: (as discussed in the video at the top)

INTERNATIONALE GEWERKSCHAFT IM EUROPÄISCHEN PATENTAMT STAFF UNION OF THE EUROPEAN PATENT OFFICE UNION SYNDICALE DE L'OFFICE EUROPEEN DES BREVETS

Zentraler Vorstand Central Executive Committee Bureau central

21 October 2022 su22052cl – 0.3.1 – 5.3

To the Chairperson and to the Heads of Delegation of the Administrative Council of the European Patent Organisation

SUEPO Central Executive Committee

OPEN Letter

To the members of the Administrative Council of the EPO Call for a Conference of Ministers of the Contracting States under Article 4a EPC

Dear Mr Chairperson, Dear Heads of Delegation,

In total 1016 EPO staff members support the following petition on a call for a Conference of Ministers of the Contracting States under Article 4a EPC and ask you to act accordingly:

“We, staff members of the European Patent Office (EPO) and the signatories of this petition, perceive that the development of the European Patent Organization (EPOrg) has increasingly departed from the structure and its mission as foreseen under the EPC and it appears that no appropriate countermeasures will be taken.

Therefore, we consider an external review of the EPO's situation by a Conference of Ministers of the Contracting States under Article 4a EPC to be expedient; such a Conference is anyway long overdue in view of Article 4a EPC.




We call on you to have anew a close look:

- at the development and administration of the organization’s resources, in particular the alarming reduction of staffing levels in the core tasks; - at the development of EPO employment law, at the (absence of) internal dialogue with social partners; and - at hidden attempts to de-centralize the EPO towards National Patent Offices and weaken the roles and competencies of the various organs defined under the EPC.

We also call you to reflect on whether the strategic governance of the EPO is compatible with the long-term continuity of the Organization’s existence and with the future fulfilment of its mission, also in the context of its role in the Unitary Patent system.

We ask you to transmit this petition to your Ministries in order to convene such Conference without delay.”

Additional more detailed information can be found in the annexes to this letter.

Yours sincerely,

C. Lopes Chair of SUEPO The Hague

I. Brumme Chair of SUEPO Munich

T. Czogalla Chair of SUEPO Berlin

J. Schaaf Chair of SUEPO Vienna

Copy: President of the EPO, A. Campinos

Attachment: Detailed information on the petition


1 - 1 Date 30.09.2022

Update on the petition to the Members of the Administrative Council of the EPO to call for a Conference of Ministers of the Contracting States under Article 4a EPC

When the petition was launched in June 2022, compelling reasons had already been published as to why such a Conference of Ministers of the Contracting States is necessary and, in fact, overdue. Since then, more events have occurred that speak for such an external review of the organisation and thus for the support of the petition, which are:

- The production demands for examiners are to be increased - increases of up to 10% are in the air - and this despite the fact that quality has fallen further; - The office’s practice concerning patentability of business methods under Article 52(2)(c) EPC has become unclear again; and - More embarrassing ILOAT Judgments showing the EPO's violation of fundamental rights were issued three months ago and while implementation could be smooth and easy, it has yet to occur.

In more detail:

In the meantime it has been announced by senior managers and line managers that examiners will be required to produce more and that production pressure will be significantly increased for the coming year. This is even though staffing levels in core tasks are alarmingly low, examiner productivity is at its limits and at the same time the quality of issued patents has further deteriorated to below 75% compliance rate. In team meetings the figure of an increase of up to 10% of production has bee mentioned (see also the corresponding CSC publication 1). It seems that management no longer has any meaningful answers to manage the office’s workload.

Concerning the assessment of patentability of business methods in substantive examination (Article 52(2)(c) EPC), a recently started debate illustrates that this issue still seems to be very unclear. A clear guidance at the level of the Contracting States of the EPC seems to be necessary.

In early July the ILOAT issued inter-alia the Judgments no. 4550 and 4551, the latter clarifying that again the EPO has violated fundamental rights of staff freedom of association for roughly a decade. With the Judgment, the ILOAT lifted the presidential ban on Staff Committee sending mass emails to staff.

However, even after repeated requests by the Staff Committee and SUEPO, the President has not yet removed his technical restrictions on Staff Representation in the office’s email system that were put in place to enforce the ban. Currently, it looks like the Office continues to refuse to comply with the court's ruling and allows the illegal email ban to remain in place. It seems that the ILOAT will have to be called again in this matter, this time simply to obtain the enforcement of its judgment.

Thus, not only has the fear that further embarrassing ILOAT Judgments will be issued against the organisation been confirmed, but it is compounded by the lack of willingness in the office leadership to recognise the highest court having jurisdiction over the organisation and to comply with the EPC. This procedure could put the existence of the organisation, and thus our own, in jeopardy. It is unclear whether the Administrative Council can or wants to put a stop to this.

In view of the above, an external review of the situation of the EPO by the Contracting States has become even more urgent.

This external review is claimed by the petitioners to the Members of the Administrative Council of the EPO to call for a Conference of Ministers of the Contracting States under Article 4a EPC.

_____ 1 Open letter of the Central Staff Committee to the EPO President on the subject “Unsustainable productivity increase of +10% for 2023” dated 22.09.2022,




[Redacted: a letter previously published here]




[Redacted: a letter previously published here]




Detailed information on the PETITION
To the Members of the Administrative Council of the EPO Call for a Conference of Ministers of the Contracting States under Article 4a EPC as launched by SUEPO Central in the EPO on 07.06.2022.



We, staff members of the European Patent Office (EPO) and the signatories of this petition, perceive that the development of the European Patent Organization (EPOrg) has increasingly departed from the structure and its mission as foreseen under the EPC.

It appears that the EPO is being more and more transformed into a profit center, which is - in our view - inappropriate for a public service with quasi-judicial bodies responsible for granting monopoly rights by sovereign acts, which have a wide impact on their owners, their competitors and on the public. The fact that almost all management decisions are made on the basis of financial figures calculated according to the accounting standards applicable to the private sector (IFRS) rather than to the public sector (IPSAS) has led to reforms focused on savings on the expense of staff and downsizing of staff in core business to an amount which endangers the good functioning of the EPO. Core tasks are evaluated increasingly more on a financial perspective, wherein internally a link between the number of patents granted and the financial health of the EPO is openly communicated. The EPO career system further adds to an individual preference for granting of a patent over refusing a patent application.

Internal quality control mechanisms have been implemented, by which the President of the European Patent Office has increasingly assumed the position of an additional higher ranking, but hidden instance in the patent granting procedure above the Divisions defined pursuant to Articles 15, 18 and 19 EPC. This not only questions the authenticity and legal validity of the Division's decisions but also leads to strong influence to quickly grant patents. While surveys among external "stakeholders" ran by the EPO appear to show a high quality of the EPO patents, internal audits disclose that since years more than 20% of the European Patents have severe deficiencies and shouldn't have been granted.

Backlogs in examination and search are increasing and it appears that for tackling the problems the current line management is tempted to return to outdated management approaches like "challenging people" measures and management "by fear", which are unworthy of a modern organization like the EPO with highly qualified personnel. At the same time the EPO plans to reduce the staffing level in core tasks even further. This adds to current plans squaring with a large-scale decentralization of EPO tasks, including transfer of tasks to NPOs. Such significant amendments of the Organization’s structure fall outside the prerogatives of the President or the Administrative Council as defined in Articles 10 and 33 EPC. Furthermore, such a decentralization of EPO tasks would also affect the legal certainties of the validity of the patents granted by the EPO.

Apart from that, virtually all reforms of employment law since 2013 have been legally challenged, a number of which were already considered as null and void by the ILOAT (see e.g. Judgments 4430 to 4435 or 4482) or even in breach of fundamental rights; no significant investments have been made for reviewing the other reforms at stake. The EPO has obviously been unable to develop and apply new policies in line with legal constraints as defined by the ILOAT, so that further embarrassing judgments are to be expected.

All these issues have not been appropriately tackled due to the long-lasting failure of the EPO Administration to engage in a genuine social dialog with the staff representation and trade unions, who have drawn attention to them repeatedly to no avail.

Therefore, we consider an external review of the EPO's situation by a Conference of Ministers of the Contracting States under Article 4a EPC to be expedient; such a Conference is anyway long overdue in view of Article 4a EPC.

We call on you to have anew a close look: - at the development and administration of the organization’s resources, in particular the alarming reduction of staffing levels in the core tasks;

- at the development of EPO employment law, at the (absence of) internal dialogue with social partners; and

- at hidden attempts to de-centralize the EPO towards National Patent Offices and weaken the roles and competencies of the various organs defined under the EPC

1 - 2




We also call you to reflect on whether the strategic governance of the EPO is compatible with the long-term continuity of the Organization’s existence and with the future fulfillment of its mission, also in the context of its role in the Unitary Patent system.

We ask you to transmit this petition to your Ministries in order to convene such Conference without delay.

The non-exhaustive list of signs of derailment of the EPO includes:

Management of core business and Quality: ● Staffing level in core business has been reduced significantly during the past years and the office plans to continue the reduction of staffing level in core tasks by 25% of examiners and by 50% of formalities officers; ● Since the beginning of 2021 until the end of April 2022 an increase of the examination backlog by about 12% and search backlog by 5% is visible; ● Rather than adapting the recruitment plans in core business to the actual situation the Office continues to focus on prioritizing and re-shuffling examiners tasks in examination and search; ● The latest figures of the internal quality audit disclose a decreasing trend of quality of grant decisions from an already low compliance rate of 80% in April 2021 down to less than 75% at the end of March 2022.

Decentralisation initiatives: ● The EPO has proposed a new „mobility” program which includes secondment of patent examiners between the EPO and NPOs without limitations; it further focuses on harmonization of IT structures between NPOs and the EPO rather than primarily investing in the tools to support the core work; ● By the reorganization of 1 April 2022, EPO examining divisions and EPO formality officers were artificially separated geographically to different sites, without any added value for the EPO work procedures; ● The Office has departed from long-term and permanent employment towards high rotation short-term contract jobs for the members of the Divisions defined pursuant to Articles 15, 18 and 19 EPC.

Legal Certainty of Sovereign acts: ● Over the past years the President of the European Patent Office has issued instructions by which he increasingly assumed the position of an additional higher ranking, but hidden instance in the patent granting procedure above the Divisions defined pursuant to Articles 15, 18 and 19 EPC. Every notified action of the Division like a communication, summons to oral proceedings, refusal decision or grant of a patent application requires approval of the line manager in substance, although she or he is not a member of the Division; ● No legal means are available for the members of the Divisions for redressing interferences, like unlawful orders of the line manager to issue a communication instead of a decision to refuse an application as no legal instance is available (see e.g., Judgment 4417); ● The current electronic file and workflow system systematically implements resulting interference by management with the Division's responsibilities and tasks and does not ensure an appropriate authentication of signatures of the responsible members of the Division.

2 - 2


Sooner or later they will need to (re)convene and all those massive problems will have piled up by then. Will they have the guts to admit they neglected/ignored the issues to the point where the patent system got flushed down the drain, instead rendering itself a cookie jar for law firms and monopolists?

Recent Techrights' Posts

American Back Doors No Longer Trusted by Europeans
Has the EU paid attention, for a change?
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Ubuntu More Honest Than Microsoft Windows
If you don't like the direction Ubuntu has taken, then try something else
Azure is Dying, the "Entertainment" (Slop) Couldn't Lift Up Fake 'Demand' For Azure
Azure has had mass layoffs every year since 2020 and even earlier this year
2026 Starting to Feel Like 2020
Can Wall Street survive this?
Growing Awareness of Techrights' Importance
We're not an individual's blog but a community project
Harassment by Microsoft, Then a Cover-up
That Microsoft relies on blackmail, bribes and harassment (even against its own people) isn't surprising given the roots of the company and its toxic, deceitful management
SLAPP Censorship - Part 37 Out of 200: The Correct Suspicion Garrett and Graveley Were Collaborating in Overseas Litigation Against Critics
Microsofters and back doors' boosters from America frivolously sue Brits
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026