Bonum Certa Men Certa

Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe

posted by Roy Schestowitz on Dec 11, 2024,
updated Dec 11, 2024

Job Group 5 and 6: Restructuring of FO Teams

THIS week we focus on the EPO and today we look at Formalities Officers (FOs), whose fate seems to be layoffs/redundancies [1, 2].

In recent months, António Campinos and his cronies got contacted about the matter and last week the Central Staff Committee released some communications. "Back in May 2024," it said, "the Central Staff Committee (CSC) published on the case of Formalities Officers (FOs). With no new recruits and ambitious plans for automation and AI on the horizon, FOs find themselves facing an uncertain future within the EPO. Yet, amidst the uncertainty, FOs are demanding clarity and transparency from management regarding the future of their job."

They say "automation and AI"; nowadays anything that does some bit of automation gets labeled "AI". It's a meaningless (junk) term. That's what it has become.

Likewise "return to office" is code for layoffs. They lie about it.

Return to office at EPO

Anyway, the CSC gives an outline of the correspondence. "On 5 September 2024," it says, "the CSC addressed by letter Mr Rowan (VP1) on the announced restructuring changes that FOs shall expect in DG1 later in the year."

European Patent Office
80298 Munich
Germany

Central Staff Committee
Comité central du personnel
Zentraler Personalausschuss

Tel. +49 -89- 2399 - 2120
+49 -170- 2251 - 7271

centralSTCOM@epo.org

Reference: sc24055cl

Date: 05.09.2024

European Patent Office | 80298 MUNICH | GERMANY

Mr Steven Rowan
Vice President of the EPO
The Hague Main – Room M26A20

Open letter

Upcoming formalities officers team restructuring in January 2025

Dear VP1, dear Steve,

According to staff, the restructuring of the formalities officer (FO) teams announced in April this year is scheduled to take effect in January 2025. Under the new structure, the current 37 FO teams will be consolidated into 23 teams. As a result, at least 14 team managers (TMs) may be rendered redundant.

However, the actual number of affected TMs could be even higher, as some teams currently have up to 4 TMs. This data could not be confirmed as the FOs teams overview page is currently reviewed and inaccessible.

The TMs and team members report having only limited knowledge of the impending changes. FO team managers have been informed that additional details on the restructuring will be shared throughout September 2024, with the final structure to be officially announced before November 2024.

However, there is significant concern about the limited information provided thus far and the short time available to prepare and adapt.

The instability and uncertainty caused by repetitive restructuring and changes in managerial styles present psychosocial risks, including emotional exhaustion, disrupted team dynamics, reduced cohesion, decreased job satisfaction, and communication challenges. Despite the CSC’s publication in May 2024, the social dialogue concerning job groups 5 and 6 has not yet resumed.


The CSC is concerned about the stress and potential psychosocial risks this situation poses for staff and TMs, particularly given the limited timeframe for preparation and adaptation.

In light of these developments, we urgently seek clarification on the following points:

• What support will be offered to team members to maintain team process continuity and alleviate the negative impact?
• What solutions will be available for team members encountering difficulties adapting to this new change?
• How will situations be managed when colleagues who were transferred out of certain teams need to return to their original team or team manager?
• How will the TMs be selected, and which criteria apply?
• What support will be provided to TMs who lose their managerial tasks and teams?
• Which alternative roles/tasks will be offered to displaced TMs and will they be able to choose their new roles?
• Will FO teams be assigned TMs from different PoEs?

Given the short timeframe, we are looking forward to your prompt response.

Sincerely yours,

Derek Kelly
Chairman of the Central Staff Committee

That was a quarter of a year ago, referring to next month.

"On 24 October 2024," the CSC says, "Mr Rowan (VP1) replied that "[t]he intranet publication which [we] refer to [...] is out-of-date [...] Should changes be needed, these would take place in line with the annual organisational adjustments on 1 April"."

Here's the letter:

European Patent Office
Postbus 5818
2280 HV Rijswijk
Netherlands

Patent Granting Process

Steve Rowan
Vice-President

Tel +31 (0)70 340 - 2000
srowan@epo.org

Date: 24.10.2024

European Patent Office | 2280 HV RIJSWIJK | NETHERLANDS

Mr Derek Kelly
Chair of the Central Staff Committee

Via email only: centralstcom@epo.org

Your letters of 26 July, 5 September, and 19 September 2024.

Dear Chair, dear Derek,

The Office writes in response to your letters of 26 July, 5 September, and 19 September 2024, turning first to your questions regarding the Discontinuation of the Central File Store.

In line with its strategy for achieving greater sustainability, the Office has introduced initiatives related to lowering paper consumption for the past few years. The full digitalisation of all relevant documentation in the PGP procedure and the gradual discontinuation of the physical central file store for all sites constitute two such examples.

Given the flexibility offered by the NWoW policy, all employees may work from any site, their residence, or abroad. Instant access to files and their associated documentation is therefore crucial for effective collaboration. Maintaining the use of paper annotations, which are not easily-accessible digitally, poses a risk to the quality of examiners’ work, as well as to its confidentiality. That said, no existing paper annotations are lost at this point. The files in the archives are only destroyed if concluded (including opposition and appeal) or upon the request of the first examiner.

The Office recognises that colleagues with medical conditions face unique challenges which need to be addressed individually, and commits to leaving no one behind within this digitalisation process. The appropriate support for individual cases can be provided by team managers and directors. Access to printer facilities is continuously provided, however it remains the responsibility of individual staff members to make any annotated documents digitally available for themselves, the division, and the team manager.


Finally, as regards the Berlin site, with the upcoming move to the new building the file storage will be continued off-site, as is now the case for Munich and The Hague. Staff in Berlin will soon be informed of the preparations needed for the move, as well as of the impact on paper file handling.

The Office turns now to your letter of 5 September 2024 concerning the structure of the Formalities Officers (FO) teams. The intranet publication which you refer to, stating that changes would take effect on 1 January 2025, is out-of-date. No changes to the FO team structure will take effect on this date. Should changes be needed, these would take place in line with the annual organisational adjustments on 1 April.

The Office places emphasis on stakeholder consultation and has met with FO Team Managers on a regular basis. These conversations take place in a positive and constructive spirit and are aimed at sharing views, discussing next steps, and ensuring that the understandable desire of the FO community for clarity is met at an early stage.

The FOs are an integral and much-appreciated part of the EPO community, and they play a key role in the PGP process. The latest Staff Engagement Survey results were positive, indicating an engagement score of 96% among the FO TM population (+9 in comparison to 2022). It is in the interest of all of us to value their important contribution and to maintain this high level of engagement.

Finally, the Office writes in response to your letter regarding healthcare insurance for Young Professionals. The Office is committed to supporting our Young Professionals (YPs) throughout their time here: YPs are affiliated to the Office’s healthcare insurance scheme in accordance with Article 83a ServRegs and, during the onboarding process, they receive information on the main features of the scheme, insurance coverage, and how to submit claims.

Detailed information on the healthcare insurance scheme, including the possibility of continuing to be insured after leaving the Office, can be found on the EPO intranet site. Additionally, YPs can contact their interlocutor to receive the appropriate certificate explaining their situation, which can be sent to the national health insurance.

YPs leaving the Office and staying in Germany must seek coverage with a private or national health insurer. In such case, before their departure the Office provides information on what to do and whom to contact. YPs who start working in Germany are usually compulsorily insured by the national health insurance (Gesetzliche Krankenversicherung). YPs neither working nor studying can also join the national health insurance if they had not been privately insured before their time at the EPO.

In The Netherlands, YPs can be covered under the Dutch base insurance once they leave the Office, ensuring continuity of medical coverage.


In addition, as you rightly state, YPs have the possibility to ask for an extension of the healthcare insurance coverage for additional 12 months, paying the total contribution. This is currently a contribution rate of 9.6% times their last salary (67% or 100% of G1-4, depending if the YP is in year 1 or in subsequent years). It is noted that this level of contribution compares favourably to the premiums collected by private healthcare insurers in Germany.

Yours sincerely,

Steve Rowan
Vice-President DG 1
Patent Granting Process

Nellie Simon
Vice-President DG 4
Corporate Services

"On 28 November 2024," i.e. a couple of weeks ago "the CSC sent a letter following up on the topic and urging management to resume discussions in the framework of the Working Group on JG 5&6. In this respect, the CSC proposed a meeting on FO matters in the week of 9 December 2024." That's this week.

Colleagues have been sent the following:

European Patent Office
80298 Munich
Germany

Central Staff Committee
Comité central du personnel
Zentraler Personalausschuss

Tel. +49 -89- 2399 - 2120
+49 -170- 2251 - 7271

centralSTCOM@epo.org

Reference: sc24066cl

Date: 28.11.2024

European Patent Office | 80298 MUNICH | GERMANY

Mr Steven Rowan
Vice President of the EPO
The Hague Main – Room M26A20

Open letter

Follow-up on your letter dated 24 October 2024

Dear VP1, dear Steve,

In your reply letter, you addressed the restructuring of FO teams which is only one of the several aspects we expected clarification about. We regret that instead of alleviating the teams from the problematic and unclear situation of having multiple team managers, the uncertainty is now expected to extend by three months.

Since your reply remains silent on many concerns raised in our open letter, we reiterate them:

1. What support will be offered to team members to maintain team process continuity and alleviate the negative impact?

2. What solutions will be available for team members encountering difficulties adapting to this new change?

3. How will situations be managed when colleagues who were transferred out of certain teams need to return to their original team or team manager?

4. How will the TMs be selected, and which criteria apply? What support will be provided to TMs who lose their managerial tasks and teams?

5. Which alternative roles or tasks will be offered to displaced TMs, and will they be able to choose their new roles?

6. Will FO teams be assigned TMs from different PoEs?

We would like to reiterate the following points stated in the CSC's publication of 22nd of May 2024:

Recruitment stagnation and knowledge drain
Since 2019, the stagnation in the recruitment of FOs, and the absence of recruitment plans for 2025 and beyond entails that the number of FOs will


decrease by 44% between 2018 and 2028.
As experienced staff leave, vital institutional knowledge is lost, and knowledge transfer becomes impossible. Previously, well-defined roles promoted efficiency, but the lack of new recruits has led to shifting priorities, instability, and constant disruptions. This creates a stressful work environment, with FOs having to react to urgent issues rather than working within a stable framework.

Future of the FO role and timeline for its transition
We seek clarity regarding the future framework for the FO role, given that their numbers diminish continuously, and their functions are gradually disappearing. We would appreciate knowing the long-term vision and timeline for these changes.

Evolution of the FO team managers’ role
As FO teams grow larger, fewer TMs are required.
There is uncertainty around the future of the FO TM role itself. How is management planning for the evolution of FO TMs’ responsibilities under these new structures?

Status and future of FO experts
FOs are encouraged to develop expertise, yet questions remain regarding the FO expert role. Will it continue to exist, or is it also slated for phasing out? Further, will Job Group (JG) 5, currently encompassing some FO TMs and all FO experts, be dissolved, or alternatively, will JG6 colleagues be upgraded to JG5? The latter we see as the fairest and most appropriate solution.

With a new DG1 COO now in place, we doubt that no detailed plan has been made for the FO community.

The CSC urges management to resume discussions in the frame of the WG JG 5&6 as requested in our letter dated 5 September 2024 as well as our publications of the 22 May 2024 and 29 September 2023.

In this respect, we would like to propose a meeting on FO matters in the week of the 9th December 2024 and look forward to your response.

Kind regards,

Derek Kelly
Chairman of the Central Staff Committee

Remember that the current goal of the EPO is to grant many more fake patents. Who's gonna pay for it? Mostly Europe. Europeans stand to suffer.

The people who decide on these policies lack a background in science. They see the EPO as just some agency designed to increase profits, no matter how.

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