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| schestowitz | http://patentblog.kluweriplaw.com/2021/03/21/teleworking-is-there-to-stay-at-the-european-patent-office/ | Mar 27 00:58 |
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| schestowitz | " | Mar 27 00:58 |
| schestowitz | Extraneous Attorney | Mar 27 00:58 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Teleworking is there to stay at the European Patent Office - Kluwer Patent Blog | Mar 27 00:58 | |
| schestowitz | MARCH 21, 2021 AT 10:53 PM | Mar 27 00:58 |
| schestowitz | At this point, does it even need to be pointed out that the legal basis in the EPC for all this “new normal” is entirely lacking? | Mar 27 00:58 |
| schestowitz | Article 6(2) EPC provides that “The European Patent Office shall be located in Munich. It shall have a branch at The Hague.” Article 7 EPC provides that sub-offices may be created “subject to the approval of the Contracting State or organisation concerned”. These articles simply do not confer to the President of the EPO and/or the AC a free-floating power to scatter EPO employees across Europe according to their whims. It may be | Mar 27 00:58 |
| schestowitz | that such a thing is desirable, but then one should amend the EPC, rather than pretend that everything is all fine and legal. | Mar 27 00:58 |
| schestowitz | Of course, a Conference of ministers as foreseen in Article 4a EPC would be a fine setting to discuss the changes to the EPC necessary to enact such a plan, but this legal provision has been conveniently forgotten for almost fifteen years straight now… So much for the rule of (international) law. | Mar 27 00:58 |
| schestowitz | At the very least, the German and Dutch governments should remember that the EPC includes a Protocol on Staff Complement, which refers to “the proportion of European Patent Office posts assigned to the duty station at The Hague”, and provides that any significant change (more than 10%) in this proportion shall be subject to a decision by the AC on a proposal from the President of the EPO, after consultation with the German and Dutch | Mar 27 00:58 |
| schestowitz | governments. If assigning the bulk of EPO employees to work from their home countries does not change the “proportion of European Patent Office posts assigned to the duty station at The Hague”, I don’t know what does. | Mar 27 00:58 |
| schestowitz | Attentive Observer | Mar 27 00:58 |
| schestowitz | MARCH 22, 2021 AT 9:52 AM | Mar 27 00:58 |
| schestowitz | It is somehow ironical that the EPO finds it necessary to consult its users about what it calls the “New normal” for the future of the EPO, whereas it did not find the necessity to do so when it decided to impose by default oral proceedings in form of videoconferences. | Mar 27 00:58 |
| schestowitz | One wonders about the purpose of the action. It is to be feared that if the EPO gathers enough positive replies its head will be able to go to the Administrative Council and tell it: you can approve those proposals as the users agree with them. | Mar 27 00:58 |
| schestowitz | The whole consultation actually boils down to taking the users as puppets to impress the AC and to simply give the appearance of consultation whilst the corresponding decisions are already taken. That the tail is wagging the dog would find a new confirmation. | Mar 27 00:58 |
| schestowitz | The aim of the “New Normal” is multiple: mainly saving on staff costs and on buildings. | Mar 27 00:58 |
| schestowitz | Saving of staff costs is possible when staff is going back in its country of origin as no expatriation allowance or children education allowances will be due. The question of the salary level is also to be raised as inflation or costs of living is still different in various contracting states. A solution would be to align the salary to the purchase power in the contracting state where it is the lowest. Another source of savings. | Mar 27 00:59 |
| schestowitz | Saving in buildings is possible as it is envisaged that no more than 50% of staff will be present on the premises of the EPO. The EPO has already tried to sell part of its last building in Munich (next to the rail tracks in direct vicinity of the Hackerbrücke). The city of Munich has refused as it has some hold on the ground on which BT 8 has been erected. That the EPO wants to sell one of its own buildings whilst investing millions of | Mar 27 00:59 |
| schestowitz | € in rented space for the boards is adding insult to injury. | Mar 27 00:59 |
| schestowitz | It should however not be forgotten that by pushing teleworking the present management of the EPO is actually dematerialising the EPO. One important question is to be raised: is this in accordance with the EPC? | Mar 27 00:59 |
| schestowitz | One can look at Art 18-21 under different angles, and even taking into account Art 31 and 32 of the VCLT, such an extensive interpretation of the EPC leading to a quasi-dematerialisation of the deciding bodies of the EPO does appear to lack any legal basis and is certainly not within the competence given to the president under Art 10(2,a). | Mar 27 00:59 |
| schestowitz | By this quasi-dematerialisation Art 10(2,b) is put ad absurdum as acts to be performed at the European Patent Office in Munich or at its branch at The Hague would be scattered around Europe. Combined divisions of first instance with staff from Munich or The Hague are clearly envisaged. The appointment of staff to a specific location of the EPO would lose any meaning. Trying to sell this measure as improving quality is see-through. | Mar 27 00:59 |
| schestowitz | It is also worth keeping in mind what the EBA said in G 2/19: “Users of the European Patent Organisation’s services can legitimately expect that the European Patent Office’s departments will not perform acts at whatever other place they choose.” | Mar 27 00:59 |
| schestowitz | Should the problem of a quasi-dematerialisation of the deciding bodies end up before the Enlarged Board, I fear that the users will be confronted with a further “dynamic interpretation” of the EBA’s case law. | Mar 27 00:59 |
| schestowitz | It is not sure that the Dutch government would appreciate the branch in The Hague to be emptied so as to create a situation in contradiction with the seat agreement requesting a certain proportion of EPO staff to be located in The Netherlands. | Mar 27 00:59 |
| schestowitz | I am also not sure if the German government would appreciate that the EPO withdraws to a large extent from Munich and renders the Berlin part of the EPO redundant. The reasons for locating part of the EPO in Berlin are no longer existing, but with such a move to teleworking it would become more or less redundant. | Mar 27 00:59 |
| schestowitz | The reasons for wanting a new building in Vienna are not compulsory beside the point of the present one having reached the end of its life. | Mar 27 00:59 |
| schestowitz | When the form of the offices is discussed in the paper one should not forget that the head of the EPO made it clear that all examiners should eventually be located in open spaces, which is also a way to save office space. All the nice wording used is simply to throw sand in the eyes of the reader. Open space working places are maximised in the new building in The Hague. | Mar 27 00:59 |
| schestowitz | It is also worth noting that if staff have shown an increased interest in teleworking the “New Normal” is disapproved by a large number of staff, in spite of what the president claims. It is not teleworking as such which the problem is, it is the degradation of the working conditions and salaries. | Mar 27 00:59 |
| schestowitz | Introducing teleworking to such a large scale boils down to a deep modification of the mechanisms of the EPC and of the working of the EPO. If such a modification is wished, it should eventually be subject-matter of a Diplomatic Conference of the Contracting States. Such a Diplomatic Conference would best be preceded by a conference of ministers of the Contracting States responsible for patent matters as foreseen in Art 4a. | Mar 27 00:59 |
| schestowitz | What has been said here about divisions of first instance applies mutatis mutandis to the location and staffing of the boards of appeal. It might be useful to quote | Mar 27 00:59 |
| schestowitz | To sum it up, there is nothing normal in the so-called “New Normal”. | Mar 27 00:59 |
| schestowitz | I hope the epi will also have something to say publicly about this farcical exercise. | Mar 27 00:59 |
| schestowitz | Users have two possibilities: either answer the consultation and give an honest opinion or boycott it. | Mar 27 00:59 |
| schestowitz | It is for you to decide. | Mar 27 00:59 |
| schestowitz | Alessandro Cossu | Mar 27 00:59 |
| schestowitz | MARCH 23, 2021 AT 3:19 PM | Mar 27 00:59 |
| schestowitz | There is a third option: organisations representing the users, such as epi, should lobby governments – at the very least the German and Dutch government, but I am quite sure France and Italy would also have something to say – so that this mess is stopped. It has been going on for too long; it is time for the national governments, if they understand and care about a properly functioning European patent system, to intervene and stop | Mar 27 00:59 |
| schestowitz | the systematic dismantling of that system. | Mar 27 00:59 |
| schestowitz | Anon | Mar 27 00:59 |
| schestowitz | MARCH 24, 2021 AT 6:48 PM | Mar 27 00:59 |
| schestowitz | And how would you convince the members of any national government that a properly functining European parent system will help them to stay in power? | Mar 27 00:59 |
| schestowitz | Attentive Observer | Mar 27 00:59 |
| schestowitz | MARCH 23, 2021 AT 11:35 PM | Mar 27 00:59 |
| schestowitz | When you hear that Art15a RPBA 2020 has been adopted by the AC with 30 to 0, it does not seem that the dismantling is going to stop! | Mar 27 00:59 |
| schestowitz | MaxDrei | Mar 27 00:59 |
| schestowitz | MARCH 24, 2021 AT 12:46 PM | Mar 27 00:59 |
| schestowitz | This in reply to Attentive’s remark of yesterday, that the AC members agreed unanimously to Art 15a RPBA 2020. | Mar 27 00:59 |
| schestowitz | Well, of course they did. Why should they dissent? What over-riding principle is involved, important enough to require a futile “dying in a ditch” gesture. Compare Article 1.1 of the Civil Procedure Rules (CPR) for the courts of England and Wales (see below) on the “over-riding objective” of the court procedures, to decide cases justly, expeditiously and economically. Using ViCo “wherever appropriate” is consistent with such | Mar 27 00:59 |
| schestowitz | an objective, is it not? | Mar 27 00:59 |
| schestowitz | The problem is the age-old one, of who controls the controllers. Did we trust the EPO, up to now, always to “decide cases justly” expeditiously and at proportionate cost? If we ever did, how long will the present level of trust endure, I wonder. | Mar 27 00:59 |
| schestowitz | Now, here is E&W CPR 1.1 | Mar 27 00:59 |
| schestowitz | 1.1 | Mar 27 00:59 |
| schestowitz | (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost. | Mar 27 00:59 |
| schestowitz | (2) Dealing with a case justly includes, so far as is practicable – | Mar 27 00:59 |
| schestowitz | (a) ensuring that the parties are on an equal footing; | Mar 27 00:59 |
| schestowitz | (b) saving expense; | Mar 27 01:00 |
| schestowitz | (c) dealing with the case in ways which are proportionate – | Mar 27 01:00 |
| schestowitz | (i) to the amount of money involved; | Mar 27 01:00 |
| schestowitz | (ii) to the importance of the case; | Mar 27 01:00 |
| schestowitz | (iii) to the complexity of the issues; and | Mar 27 01:00 |
| schestowitz | (iv) to the financial position of each party; | Mar 27 01:00 |
| schestowitz | (d) ensuring that it is dealt with expeditiously and fairly; and | Mar 27 01:00 |
| schestowitz | (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases. | Mar 27 01:00 |
| schestowitz | 1.2 | Mar 27 01:00 |
| schestowitz | The court must seek to give effect to the overriding objective when it – | Mar 27 01:00 |
| schestowitz | (a) exercises any power given to it by the Rules; or | Mar 27 01:00 |
| schestowitz | (b) interprets any rule. | Mar 27 01:00 |
| schestowitz | Concerned observer | Mar 27 01:00 |
| schestowitz | MARCH 24, 2021 AT 4:50 PM | Mar 27 01:00 |
| schestowitz | In a development that will surprise absolutely no one, we now know for certain that there will be no stays of first instance proceedings pending the outcome of G 1/21: | Mar 27 01:00 |
| schestowitz | https://www.epo.org/news-events/news/2021/20210324a.html | Mar 27 01:00 |
| -TechBytesBot/#techbytes-www.epo.org | EPO - EPO continues oral proceedings by videoconference in examination and opposition during pendency of referral G 1/21 | Mar 27 01:00 | |
| schestowitz | The President’s reasons for not imposing any stays of proceedings is apparently that “avoiding a further delay in access to justice is a priority”. However, this will only be true if the EBA rules that “without consent” VICOs are lawful. If the decision goes the other way, then the President’s decision will actually WORSEN delays in access to justice (by requiring certain proceedings to be re-run in a lawful manner). | Mar 27 01:00 |
| schestowitz | Given that G1/21 will likely be decided VERY quickly, the President’s decision can only be interpreted as yet another sign that the decision in that case is a foregone conclusion. This is because the length of the delays caused by imposing a stay of proceedings now would likely pale into insignificance compared to the delays that could (in theory) be caused by having to re-run all of the proceedings that, between now and the date of | Mar 27 01:00 |
| schestowitz | the EBA’s opinion, will conducted using “without consent” VICOs. | Mar 27 01:00 |
| schestowitz | In other words, either the EPO President already knows the outcome of G1/21 or he is being outrageously reckless with applicant’s time and money. There is simply no plausible alternative explanation. This makes me want to puke! | Mar 27 01:00 |
| schestowitz | " | Mar 27 01:00 |
| schestowitz | > Could we make a phone call at some point? | Mar 27 01:00 |
| schestowitz | > | Mar 27 01:00 |
| schestowitz | > Stjerna published some new interesting documents... | Mar 27 01:00 |
| schestowitz | You can phone my landline if it's not too expensive (it would be for me; BT charges me like mad for overseas calls). | Mar 27 01:00 |
| schestowitz | Re: Fwd: Harvard University Professor - PLEASE SHARE | Mar 27 01:00 |
| schestowitz | > Please share, here is the logo: | Mar 27 01:00 |
| schestowitz | > | Mar 27 01:00 |
| schestowitz | > https://uncensoredspeakers.wordpress.com/ | Mar 27 01:00 |
| schestowitz | > | Mar 27 01:00 |
| -TechBytesBot/#techbytes-uncensoredspeakers.wordpress.com | Uncensored Speakers – A Dublin City Toastmasters Club | Mar 27 01:00 | |
| schestowitz | > https://uncensoredspeakers.files.wordpress.com/2016/07/uncensored-logo-hq1.png?w=600 | Mar 27 01:00 |
| schestowitz | It's a shame they use Zoon. Their talks can be forced down :( | Mar 27 01:00 |
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| schestowitz | x https://rubenerd.com/rebuking-the-free-software-foundation/ | Mar 27 11:55 |
| -TechBytesBot/#techbytes-rubenerd.com | Rubenerd: Redirect your @FSF donations elsewhere | Mar 27 11:55 | |
| schestowitz | # uninformed trolling | Mar 27 11:55 |
| schestowitz | "I once spent three days with Richard M. Stallman. I was the person his assistant would frequently call and ask to speak with him, since he objects to carrying a phone." https://computer.rip/2021-03-24-RMS.html | Mar 27 11:57 |
| -TechBytesBot/#techbytes-computer.rip | Computers Are Bad | Mar 27 11:57 | |
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| schestowitz | https://floss.social/@downey/105954554237977915 | Mar 27 11:59 |
| -TechBytesBot/#techbytes-floss.social | Michael Downey 🇺🇳: "From Twitter, here's a sampling of the typical me…" - FLOSS.social | Mar 27 11:59 | |
| schestowitz | # trolls fanning the flames; how many Waggoner-Edstrom and other | Mar 27 11:59 |
| schestowitz | # shill / sockpuppet accounts are involved in fanning the flames? | Mar 27 11:59 |
| schestowitz | # if there are rebuttals at TR, they should include text as video is ephemeral | Mar 27 11:59 |
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| schestowitz | x https://cio.economictimes.indiatimes.com/news/corporate-news/microsoft-owned-github-bets-big-on-indian-developers-students/81706082 | Mar 27 12:09 |
| schestowitz | x https://social.coop/@mako/105957799918712559 | Mar 27 12:09 |
| -TechBytesBot/#techbytes-cio.economictimes.indiatimes.com | Microsoft: Microsoft-owned GitHub bets big on Indian developers, students, IT News, ET CIO | Mar 27 12:09 | |
| -TechBytesBot/#techbytes-social.coop | Benjamin Mako Hill: "I just published a short blog post adding my voic…" - social.coop | Mar 27 12:09 | |
| schestowitz | https://tilde.zone/@thunder/105947036573831207 | Mar 27 12:21 |
| -TechBytesBot/#techbytes- ( status 403 @ https://tilde.zone/@thunder/105947036573831207 ) | Mar 27 12:21 | |
| schestowitz | https://twitter.com/zoobab/status/1375785413189701635 | Mar 27 12:28 |
| -TechBytesBot/#techbytes-@zoobab: RMS lynch mob is driven by Microsoft and GNOME Foundation, oh surprise "Git shortlog (Top 10): rms_cancel.git: 1170… https://t.co/v1nM1KX1U6 | Mar 27 12:28 | |
| -TechBytesBot/#techbytes-@zoobab: RMS lynch mob is driven by Microsoft and GNOME Foundation, oh surprise "Git shortlog (Top 10): rms_cancel.git: 1170… https://t.co/v1nM1KX1U6 | Mar 27 12:28 | |
| schestowitz | "RMS lynch mob is driven by Microsoft and GNOME Foundation, oh surprise "Git shortlog (Top 10): rms_cancel.git: 1170 Neil McGovern (GNOME) 204 Joan Touzet 46 Elana Hashman (Microsoft) 41 Molly de Blanc"" | Mar 27 12:28 |
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| schestowitz | > Wow, they started a petition? Nicholson won a FSF award and was presented by RMS in 2019... it's terrible. | Mar 27 13:38 |
| schestowitz | > | Mar 27 13:38 |
| schestowitz | > I wasn't surprised by the first signature at all or first few...all the fauxpen source cronies from | Mar 27 13:38 |
| schestowitz | > | Mar 27 13:38 |
| schestowitz | > GNOME | Mar 27 13:38 |
| schestowitz | > SFC | Mar 27 13:38 |
| schestowitz | > OSI | Mar 27 13:38 |
| schestowitz | > | Mar 27 13:38 |
| schestowitz | > | Mar 27 13:38 |
| schestowitz | > https://rms-open-letter.github.io/ | Mar 27 13:38 |
| -TechBytesBot/#techbytes-rms-open-letter.github.io | An open letter to remove Richard M. Stallman from all leadership positions | rms-open-letter.github.io | Mar 27 13:38 | |
| schestowitz | > | Mar 27 13:38 |
| schestowitz | > Where I was a little disappointed was the blog post from Dries. | Mar 27 13:38 |
| schestowitz | > Not surprised, but disappointed. | Mar 27 13:38 |
| schestowitz | > | Mar 27 13:38 |
| schestowitz | > https://dri.es/the-free-software-foundation-it-is-time-for-a-new-beginning | Mar 27 13:38 |
| schestowitz | Sorry for my short and late reply, have been super-busy over here. | Mar 27 13:38 |
| -TechBytesBot/#techbytes-dri.es | The Free Software Foundation: it's time for a new beginning | Dries Buytaert | Mar 27 13:38 | |
| schestowitz | Dries says false things. I will respond to him in a video this coming Sunday. | Mar 27 13:38 |
| schestowitz | Why Sunday? Because I wait for dust to settle. | Mar 27 13:38 |
| schestowitz | Things I will cover listed in http://www.tuxmachines.org/node/149083#comment-28821 | Mar 27 13:38 |
| -TechBytesBot/#techbytes-www.tuxmachines.org | Good News! Richard Stallman is Back at Free Software Foundation | Tux Machines | Mar 27 13:38 | |
| schestowitz | I also cover some patent/EPO scandals, which unlike the RMS fuss is NEWS, not a phony BS from 2 years ago... in an MIT private mailing list. | Mar 27 13:38 |
| schestowitz | They also tried to cancel RMS in 2009. One of MANY articles: | Mar 27 13:38 |
| schestowitz | http://techrights.org/2009/12/10/proprietary-software-free-arena/ | Mar 27 13:38 |
| -TechBytesBot/#techbytes-techrights.org | Richard Stallman on [GNOME] Code of Conduct and Foundation Membership | Techrights | Mar 27 13:38 | |
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| schestowitz__ | >>> Please share, here is the logo: | Mar 27 22:22 |
| schestowitz__ | >>> | Mar 27 22:22 |
| schestowitz__ | >>> https://uncensoredspeakers.wordpress.com/ | Mar 27 22:22 |
| schestowitz__ | >>> | Mar 27 22:22 |
| -TechBytesBot/#techbytes-uncensoredspeakers.wordpress.com | Uncensored Speakers – A Dublin City Toastmasters Club | Mar 27 22:22 | |
| schestowitz__ | >>> https://uncensoredspeakers.files.wordpress.com/2016/07/uncensored-logo-hq1.png?w=600 | Mar 27 22:22 |
| schestowitz__ | >> It's a shame they use Zoon. Their talks can be forced down :( | Mar 27 22:22 |
| schestowitz__ | >> | Mar 27 22:22 |
| schestowitz__ | > | Mar 27 22:22 |
| schestowitz__ | > Free as in beer | Mar 27 22:22 |
| schestowitz__ | > | Mar 27 22:22 |
| schestowitz__ | > Even with Zoom, there is still a break in the middle of the meeting for | Mar 27 22:22 |
| schestowitz__ | > people to visit the bar | Mar 27 22:22 |
| schestowitz__ | I never used Zoom before. | Mar 27 22:22 |
| schestowitz__ | In think the anti-RMS mob has lost all momentum by now. | Mar 27 22:22 |
| schestowitz__ | > Dear FSF: | Mar 27 22:27 |
| schestowitz__ | > | Mar 27 22:27 |
| schestowitz__ | > Further to my earlier email this evening, please see the attached letter | Mar 27 22:27 |
| schestowitz__ | > "fsf-25.03.2021.pdf and accompanying document supporting RMS' return to | Mar 27 22:27 |
| schestowitz__ | > the board of the Free Software Foundation. | Mar 27 22:27 |
| schestowitz__ | > | Mar 27 22:27 |
| schestowitz__ | > The Open Source "heavyweights" seem eager to draw yet another line | Mar 27 22:27 |
| schestowitz__ | > between its camp and that of "Free Software". They can not determine the | Mar 27 22:27 |
| schestowitz__ | > direction of the movement founded by RMS. | Mar 27 22:27 |
| schestowitz__ | > | Mar 27 22:27 |
| schestowitz__ | > Only those on the FSF board who objected to RMS' reinstatement need | Mar 27 22:27 |
| schestowitz__ | > resign. Stay the course, we are depending on you. | Mar 27 22:27 |
| schestowitz__ | > I have a potential blog post coming up, and I'd love to have your | Mar 27 22:37 |
| schestowitz__ | > feedback on it. But what I have is a draft, and I'd need your | Mar 27 22:37 |
| schestowitz__ | > commitment to not post any of it before I send you a final version. | Mar 27 22:37 |
| schestowitz__ | > Would you be willing to have a look at it and share your feedback with | Mar 27 22:37 |
| schestowitz__ | > me so as to improve it? | Mar 27 22:37 |
| schestowitz__ | Sure, sent it over, but remember I read mail at most once a day, so it can be slow. | Mar 27 22:37 |
| schestowitz__ | > Roy: | Mar 27 22:51 |
| schestowitz__ | > | Mar 27 22:51 |
| schestowitz__ | > If only those over 3,000 signatures could somehow be converted to dollars!! | Mar 27 22:51 |
| schestowitz__ | > https://rms-support-letter.github.io/ | Mar 27 22:51 |
| -TechBytesBot/#techbytes-rms-support-letter.github.io | An open letter in support of Richard M. Stallman | An open letter in support of RMS. | Mar 27 22:51 | |
| schestowitz__ | > <https://rms-support-letter.github.io/> | Mar 27 22:51 |
| schestowitz__ | > | Mar 27 22:51 |
| schestowitz__ | > I'm still working under a lot of pressure: | Mar 27 22:51 |
| schestowitz__ | > | Mar 27 22:51 |
| schestowitz__ | > Will keep checking TechRights for updates. Have a great day! | Mar 27 22:51 |
| schestowitz__ | I will be doing some campaigning for raising funds soon. I'm under a pressure of lack of time because I also cover many patent scandals and work with leakers. | Mar 27 22:51 |
| schestowitz__ | Want morale? Think of it like this: they don't attack people so viciously unless they're losing. It's when you make no difference anymore that they just stop caring... | Mar 27 22:51 |
| schestowitz__ | You can't kill a concept. You can, however, 'kill' people. Sometimes even literally.... | Mar 27 22:51 |
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