Bonum Certa Men Certa

The EPO is Cruel to Patent Examiners Because Corporations, Not Even European Ones, Always Come First

Sickness interferes with corporate profits! STOP GETTING SICK AND GO BACK TO WORK!

Video download link | md5sum 04336bf5d084c5b630f63884b4a8a367 EPO is a Sick Employer Creative Commons Attribution-No Derivative Works 4.0



Summary: Sickness-related rights of staff are being weakened or abolished and staff representatives caution national representatives to prevent that from exacerbating even further

The Central Staff Committee (CSC) of the EPO has circulated this recent letter with many annexes added underneath. [PDF] (No metadata in it that contains names)



The document (letter and a lot more, even E-mails) concerns sickness/illness. In times of pandemic not only do many people get ill; some suffer long-lasting agony (e.g. "long COVID") and deserve sympathy from their employer. Myself and my wife worked (a combined) 21 years for the same employer without ever taking any sick leave, yet the employer treated us very badly. Imagine how much worse if would be if we asked for a day off due to bad health.

In the EPO, the situation is further complicated because when rights of staff are weakened that necessarily translates into an inability to recruit high-calibre people who can properly judge patent applications. As the video above notes, everyone in Europe will suffer from that as corporations will receive more fake patents (some large stakeholders already complain out in the open about the collapse of patent quality at the EPO).

Here's a communication to staff, dated yesterday, about the document above:

Letter to AC delegations: Detrimental adjustment to the health services (CA/85/22)



Dear colleagues,

The President tabled a reform of the health services (CA/85/22) for the meeting of the Administrative Council on 13-14 December 2022, which will further restrict the rights of sick staff.

In this open letter, we explain to the heads of delegation how the upcoming reform will supplement the 2015 reform and further harm the most vulnerable category of staff, sick staff, and urge them not to adopt document CA/85/22.


The key part is the letter, not the annexes, so we're reproducing it below as HTML, GemText, and plain text:

European Patent Office | 80298 MUNICH | GERMANY

Heads of Delegation in the Administrative Council By email

OPEN LETTER



centralSTCOM@epo.org Reference: sc22147cl Date: 09/12/2022

Detrimental adjustment to the health services (CA/85/22)



Dear Heads of Delegation,

The President has tabled a reform of the health services (CA/85/22) for the upcoming meeting of the Administrative Council which will further restrict the rights of sick staff.

The 2015 reform of sick leave and invalidity had already negatively affected staff and is currently under legal challenge:

− the computation of sick leave, where any part-time absence on a working day is counted as a full day of sick leave, is prejudicial to staff entering or in extended sick leave or (partial) incapacity because it resulted in them suffering salary deductions, unlike other staff (e.g. in the case of Covid-19 infections).

− the abolition of the invalidity lump sum insurance has violated the legitimate expectations of EPO staff who had been contributing to the insurance for many years. The Office did not follow the unanimous opinion of the Appeals Committee in favour of staff, leaving them no other option than to challenge the decision before the Tribunal right in the middle of the pandemic.

− the abolition of a medical committee, which previously had a balanced composition, paved the way for an unbalanced procedure fully empowering the medical practitioner (medical advisor) chosen by the President of the Office alone for the purpose of issuing medical opinions on incapacity.




The Health Services should not be merged

The Health Services are currently organised in two separate teams:

1) an Occupational Health Service (OHS) responsible for staff on sick leave (less than 125 days in 18 consecutive months) and providing advice and support to staff members,

2) a Medical Advisory Unit (MAU) responsible for staff on sick leave for more than 125 days in 18 consecutive months and issuing opinions for the President for the purpose of taking potentially adverse administrative decisions (e.g. salary deductions, forced return to work...).

The proposed reform pretends to introduce “a seamless sick leave process” by merging the two teams. In our view, a sick staff member cannot build trust with the practitioner supposed to support them if this same practitioner is also actively involved in making potentially adverse decisions. Moreover, independence is at risk as the practitioner will find himself in an inherent conflict of interest. Such a reform would even be illegal in our major host country, Germany, as confirmed by the Mercer Marsh Benefits report.

Data protection issues

As a consequence of the reform, the two separate medical case management systems of OHS and MAU would be merged. It was an inherent strength of the system that medical data was accessed by different persons for different purposes: one to support staff, the other one (only if required) to be involved in making adverse decisions. The merge would increase the number of “health professionals” and administrative support staff who have access to the medical data of all staff, without asking the staff member for their consent.

In addition, the Staff Committee was never informed about how the Data Protection Officer has been involved.

Amendments in the Service Regulations outside the scope of the Working Group and not discussed

The document presents amendments to the Service Regulations allegedly to support implementation of “a seamless sick leave process”. None of the amendments were necessary for this purpose. Nor were they within the scope of the Working Group set up to discuss the reorganisation of the health services and were not discussed.




In particular:

− allowing the EPO medical practitioner to contact the employee’s doctor without their consent is a violation of the employee’s right to privacy and a blank check for violation of medical secrecy,

- the use of personal medical data for other purposes without the employee’s consent breaches data protection,

- the employee’s right to access medical data is now restricted,

- the establishment of new conditions for disregarding evidence voluntarily submitted by the employee deprives them of the possibility of handling their own medical situation in front of the employer,

- the employee’s access to the arbitration procedure in case of disagreement with a medical opinion is now restricted.

More details can be found in our opinion in the General Consultative Committee of 22 November 2022, which is annexed to this letter.

Conclusion

The proposed reform is detrimental to staff, endangers the independence of the “health professionals”, endangers medical secrecy and risks creating an atmosphere of mistrust. It would be illegal in our major host country, Germany. Furthermore, the reform introduces, after the 2015 reform, further restrictions on the rights of sick staff, raising the question of whether the health and well-being of staff is the priority for the EPO.

For the sake of sick staff, we urge the Council not to approve document CA/85/22.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee

Annex: Opinion of the CSC members of the GCC on GCC/DOC 27/2022: Adjustments to health services (CA/85/22)


Based on constitutions and international conventions (on human rights), some staff protections are not negotiable. But the EPO believes that because it is in "no-man's land" it is free to violate people's fundamental rights as if there's no consequence to be feared.

Patent examiners at the EPO are besieged by corrupt management, appointed and supported by rogue law firms and monopolies. Many of these aren't even European, so they actively work to undermine Europe's interests and the triumph of scientific advancement (they want profit, not progress). This imperils the world, not only Europe.

Recent Techrights' Posts

How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
 
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025