Bonum Certa Men Certa

More European Politicians Pressure and Sometimes Slam the European Patent Office (EPO) Amid New Scandals

Elżbieta Bieńkowska
Elżbieta Bieńkowska - Photo by Adam Nurkiewicz, CC BY-SA 3.0



Summary: The European Patent Office (EPO) cannot catch a breath these days, as its management comes under yet more fire from more directions and more nations

EARLIER this year we wrote about French politicians' complaints about Benoît Battistelli, taking note of French Senator Jean-Yves Leconte's letters [1, 2] and Philip Cordery's letters.



"EPO criticism is acceptable and popular now."Mr. Cordery has some new letters [PDF], whose French originals were posted in his site. As SUEPO put it: "Earlier in February, Philip Cordery, member of the French Parliament, had published an article criticising the "antisocial policy of the EPO" and sent a letter to European Commisionner [sic] Elzbieta Bienkowska calling upon her to intervene. Philip Cordery has now published the letter of reply (printable version) from Elzbieta Bienkowska."

Here is Bienkowska's (of Poland) response in English:

Brussels, 28.05.2015

Dear Sir,

I wish to thank you for your letter of 20 February last, informing me of your concerns with regard to the social climate which is presently prevailing at the European Patent Office (EPO).

The European Patent Organization (the “Organization”), of which the EPO is the executive body, is an independent international institution, which has no organic links with the European Union. Apart from the EPO, it is composed of a legislative body, the Administrative Council, on which sit the representatives of the States which constitute the Organization (38 States, of which 28 are Member States of the European Union), whose task is, in particular, to monitor the activity of the EPO, for which the President assumes responsibility. The Commission has only the role of an observer within this assembly. I have been informed of the social tensions which have transpired between the management of the EPO and the staff representatives, and which have been widely reported in the press.

As you point out in your letter, the EPO will be in charge of the issue and management of the Unitary European Patent. With this in mind, I have issued instructions to my staff who represent the European Commission as observers on the Administrative Council to monitor the developments of the situation closely.

I have also requested the President of the EPO to make every effort to return to a constructive social dialogue.

In this respect, I have welcomed with interest the initiatives which have been recently announced, and the determination of the Administrative Council of the EPO to address this matter as an issue of priority.

I hope that this will be the harbinger of a process of sustained return to a social dialogue of appropriate quality within the EPO.

Yours faithfully

Elżbieta Bieńkowska



Considering the previous cowardly approach of the European Commission (or that of the European Parliament), this can be considered another small escalation. They are at least intervening this time. It puts pressure on the EPO.

Today, as already noted in our previous post, we increasingly see European politicians taking more shots at the EPO's legitimacy, partly motivated by media coverage that has made them aware of the issues and much better informed. In our humble assessment, EPO management is very much concerned about the European media. We've always been getting the vibe that it's the media which they fear more than disgruntled staff. It's the media that's being attacked. EPO criticism is acceptable and popular now. It's not the subject of taboo anymore and journalists are not so afraid of retribution, for which the EPO had become infamous (or notorious).

Incidentally, the recent events pertaining to patents in Europe have gotten the attention of corporate media in the United States. Hosuk Lee-Makiyama writes: "Europe continues to compete with the United States and Asia in the high-tech global economy, both through business and government. Intellectual property in particular is a contentious issue that has continued to divide Europe ever since its grassroots derailed the Anti-Counterfeiting Trade Agreement (ACTA) in 2012. But with patent reform a major political priority in the United States, and countries like China modernizing their intellectual property systems, Europe’s IP regime risks falling behind. This decline has lessons for the United States, as Congressional leaders embark on the latest round of U.S. patent reform."

At the moment, the US patent system really needs a reform because it is more out of control than the EU system. But if we do nothing to stop Benoît Battistelli and his ilk, things in Europe are about to get worse very rapidly. Things are already getting worse; UPC is just the beginning of that.

"They [EPO examiners] claim that the organisation is decentralising and focusing on granting as many patents as possible to gain financially from fees generated." —Expatica, European Patent Office staff on strike



Euros

Recent Techrights' Posts

New Article From Richard Stallman Explains Why He Says He and She for Unknown Person (Not 'They')
"Nowadays I use gender-neutral singular pronouns for a person whose gender I don't know"
Lookout, It's Outlook
Outlook is all about the sharing!
Updated A Month Ago: Richard Stallman on Software Patents as Obstacles to Software Development
very recent update
Is BlueMail a Client of ZDNet Now?
Let's examine what BlueMail does to promote itself
 
Ending Software Patents in Recent Years (Software Freedom Fighters MIA)
not a resolved issue
IRC Proceedings: Wednesday, November 29, 2023
IRC logs for Wednesday, November 29, 2023
Over at Tux Machines...
GNU/Linux news
Links 30/11/2023: Rushing Patent Cases With Shorter Trial Scheme (STS), Sanctions Not Working
Links for the day
Links 30/11/2023: Google Purging Many Accounts and Content (to Save Money), Finland Fully Seals Border With Russia
Links for the day
The 'Smart' Attack on Power Grid Neutrality (or the Wet Dream of Tiered Pricing for Power, Essentially Punishing Poorer Households for Exercising Freedom Like Richer Households)
The dishonest marketing people tell us the age of disservice and discrimination is all about "smart" and "Hey Hi" (AI) as in algorithms akin to traffic-shaping in the context of network neutrality
Links 29/11/2023: VMware Layoffs and Too Many Microsofters Going Inside Google
Links for the day
Just What LINUX.COM Needed After Over a Month of Inactivity: SPAM SPAM SPAM (Linux Brand as a Spamfarm)
It's not even about Linux
Microsoft “Discriminated Based on Sexuality”
Relevant, as they love lecturing us on "diversity" and "inclusion"...
IRC Proceedings: Tuesday, November 28, 2023
IRC logs for Tuesday, November 28, 2023
Media Cannot Tell the Difference Between Microsoft and Iran
a platform with back doors
Links 28/11/2023: New Zealand's Big Tobacco Pivot and Google Mass-Deleting Accounts
Links for the day
Justice is Still the Main Goal
The skulduggery seems to implicate not only Microsoft
OpenBSD Says That Even on Linux, Wayland Still Has a Number of Rough Edges (But IBM Wants to Make X Extinct)
IBM tries to impose unready software on users
[Teaser] Next Week's Part in the Series About Anti-Free Software Militants
an effort to 'cancel' us and spy on us
Over at Tux Machines...
GNU/Linux news
Permacomputing
This work is licensed under a Creative Commons Attribution 4.0 International License
Professor Eben Moglen on How Social Control Media Metabolises Humans and Constraints Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
IRC Proceedings: Monday, November 27, 2023
IRC logs for Monday, November 27, 2023
When Microsoft Blocks Your Access to Free Software
"Linux is a cancer that attaches itself in an intellectual property sense to everything it touches." [Chicago Sun-Times]
Techrights Statement on 'Cancel Culture' Going Out of Control
relates to a discussion we had in IRC last night
Stuff People Write About Linux
revisionist pieces
Links 28/11/2023: Rosy Crow 1.4.3 and Google Drive Data Loss
Links for the day