Bonum Certa Men Certa

EPO Leak: Staff of the EPO Challenging Unattainable 'Targets' That Are "in Breach of the EPC" (European Patent Convention)

posted by Roy Schestowitz on Feb 14, 2024,
updated Feb 14, 2024

Target setting 2024

A few months ago EPO workers sent a lot of mail challenging the unreasonable and illegal demands set by Benoît Battistelli and António Campinos, basically misapplying rules to illegally grant patent monopolies solely "for profit" (at whose expense?) and it now seems safe to publish the instructions sent to examiners (for the most part). There was a suggested template of mail to send, either to Line Managers or higher ups.

Here is the message sent by SUEPO TH committee (the union leaders in Dutch territories) at the end of November:

Staff Union of the European Patent Office (SUEPO)

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

Ortssektion Den Haag
Local section The Hague
Section locale La Haye

28 November 2023
su23016hp

Target setting 2024 - Avoid committing to unattainable objectives

Dear colleagues,

The target setting exercise for 2024 has started.

The 2023 Mercer & Wyman financial study (see p.99/145, figure 12) seems to point to a targeted 2.1% productivity increase in the Patent Granting Process (PGP). The information we are receiving from our colleagues is far more drastic, with requested increases of up to 100% (!) for some individuals.

It appears therefore that the intention is again to impose even higher individual targets than those of 2023 when objectives were already unreachable for many, if they were not to risk their health or compromise quality standards.

According to the intranet publication of 22.11.20231: "Staff and managers alike are kindly invited to engage in collaborative discussions and ensure that goals are entered in the tool before the end of the yea ". When estimating your performance for 2024, we recommend that you be conservative and realistic and avoid committing to unattainable objectives for which you alone will be deemed to be responsible and will have to bear the consequences, in 2024 and beyond.

Don’t forget your health: if your work is having negative effects on your health (exhaustion, stress, sleeping problems, headaches, musculo-squeletal issues…) consult your general practitioner services and report it to your manager and to OHS.

Discussing objectives is reasonable, but committing to a target imposed on you is not. If you nevertheless feel obliged to commit to an imposed target and do not agree with the objectives set, inform your direct manager in writing – possibly using the template below. This is important to protect yourself against a potential negative performance appraisal.

If you feel that you are being put under pressure by your manager or you feel you need any advice don’t hesitate to contact us or your staff representation.

Relevant publication: Increase in capacity for 2024, CSC, 14.11.2023

Kind regards, Your SUEPO TH committee

_____
1 Performance development cycle 2024, 22.11.2024

One can imagine many messages like the following were sent in November and December:

ANNEX: template email to manager, please use only the parts which apply to you, delete and / or adapt the rest.

Dear xxxx,

On _______ my (final) quantitative objectives were set at ____ [products]. As in the past, I commit to working to the best of my abilities in 2024. However, with regard to the proposed objectives for 2024, presently I cannot commit to those objectives for the following reasons:

- The objectives set correspond to an increase of production/productivity of +___% compared to 2023 so I cannot commit to accomplishing them;

- I do not know how my achieved objectives will be evaluated in 2024 - 2025; I was neither informed about the consequences of this evaluation, nor to which part of the Service Regulations the evaluation refers to;

- My working days seem not to be properly calculated. My Parental Leave/ Home Leave / Unpaid Leave were not deducted from the total working days;

- The many hours expected to be spent in training, (team) meetings, system disturbances, etc… which in my case amount to ____ days [put a number if you can make an estimation] have also not been taken into consideration;

- Since the implementation of the new “active search division”, I have been given extra tasks but no extra time budget. It could be that in 2024, further new tasks will be required of me without me being given time to fulfil them. This is likely to further prevent me from reaching my objectives;

- I have been given the following new tasks [please make a list of tasks] which did not previously fall within my job description [if available, make a reference to your job description], and for which I have not been given neither training nor time [adapt if necessary];

- The working tools have not evolved in a way which could help me increase productivity since 2023 and apart from a few procedural modifications without consequence on productivity, nothing has changed in the way I am supposed to perform my work since last year, when my target was __ [please fill in];

- The ratio Search / Actions without point / Grants is influenced by management decisions and/or change of work priority during the year, all of which are beyond my control;

- The files in Search/Examination allocated to me could come from technical fields outside my Area of Competence, as it happened already in the past OR as already announced by team manager/ director/ COO;

- I can neither know nor predict my personal circumstances in 2024. As mentioned above, you can of course continue to count on me to work to the best of my abilities in 2024, as I always have;

- I have been told that I need to increase my production / productivity by X% in order to “pay” for the salary adjustment I am likely to be receiving in January 2024 as a result of salary indexation. Salary indexation is only meant to adjust my income to the increased cost of living and is irrelevant to objective setting.

- [For examiners] My intention to work together with the team to achieve good results may find its natural limits in my duty to deliver quality products under the EPC. If management expects me to go beyond this limit by delivering products which do not necessarily meet the requirements of the EPC, I expect written instructions to do so, so that the responsibility for the quality of these products and the consequences thereof will not be placed at my door.

- [For other functions] My intention to work together with the team to achieve good results may find its natural limits in my duty to deliver quality work which fulfils the requirements of my job description. If management expects me to go beyond this limit by delivering work which does not necessarily meet the requirements of my job description, I expect written instructions to do so, so that the responsibility for the quality of my work and the consequences thereof will not be placed at my door.

Best regards
[your name]

It's hard to guess just how many messages like these were sent, but that matters a lot because they try to curb the bubble that includes many European software patents.

Other Recent Techrights' Posts

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
Accessibility Isn't Overrated
Making things simpler typically means better accessibility
 
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
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
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
GNU/Linux is 486 in Ireland
4.86% that is
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day