Bonum Certa Men Certa

German Press Says Broken EPO Lets President Severely Punish Staff Not Even Guilty of Any Wrongdoing

Juve

Summary: Juve publishes an article which attempts to be 'balanced' (meaning it believes everything that EPO officials say) but at the same time reveals unacceptable practices that go in inside the EPO

SEVERAL recent German press articles (with translations) have been supplied to us and we wish to share these for readers' information and for future reference. The previous such translation spoke about threats against individual lawyers and herein we present an article from Juve. It helps highlight yet another example where EPO management evidently overrides any legal safeguards for staff. It is almost as though the EPO is neither a part of Europe nor even a part of Earth (the planet). Staff is being subjected to institutional harassment despite doing nothing wrong (that can be properly proven). Here is the original in German and the English translation as follows, with additional remarks below:



European Patent Office: Three members of the staff representation suspended



The problems at the European Patent Office (EPO) show no sign of abating. The Office has now initiated disciplinary proceedings against three staff representatives, as an EPO spokesperson confirmed to JUVE. Among them is Elizabeth Hardon, Chairperson of the Staff Union SUEPO and a member of the Munich staff representation. The actions of the Office triggered spontaneous protests.

Labour law attorney Åženay Okyay who is familiar with the latest developments expressed a clear criticism of the measures: Past experience of such disciplinary proceedings has shown that even if the disciplinary committee concludes that Hardon is not guilty of any wrongdoing, the President of the EPO does not consider himself to be bound by such findings. He could still decide on a dismissal or another disciplinary sanction. Only then could Hardon attempt to assert her rights before the Administrative Tribunal of the I.L.O. However, it usually takes many years before that Tribunal delivers its judgments and nobody is responsible for enforcing their execution.

"Past experience of such disciplinary proceedings has shown that even if the disciplinary committee concludes that Hardon is not guilty of any wrongdoing, the President of the EPO does not consider himself to be bound by such findings."The attorney also criticized the fact that the suspensions are intended to muzzle the heads of the staff union SUEPO. This was contradicted by an EPA spokesman who claimed that the measures were justified by the misconduct of the staff representatives. The Office accuses the Union inter alia of data protection violations and harassment of colleagues. This is apparent from a statement by the EPO to its Member States which JUVE has seen. In addition, the Office disputes the claim that it initiated investigations into employees because they were SUEPO members. These measures were taken solely in order to investigate potential breaches of regulations by individual staff members. For this reason the EPO was not prepared to accede to SUEPO demands to terminate the disciplinary proceedings before the start of negotiations [about union recognition].

The disciplinary proceedings and suspensions triggered a spontaneous demonstration by staff in front of the EPO headquarters as well as protests on the Internet. The focus of the criticism is the manner in which the procedure has been conducted, because the disciplinary proceedings against Hardon were preceded by investigations carried out by the EPO's so-called Investigation Unit. Such investigations are controversial because, according to the internal guidelines, the accused person does not have a right to remain silent and is not allowed to be accompanied by a lawyer during their interrogation. In the pending disciplinary proceedings, the defendants are now supposed to make written submissions in response to the allegations. This will be followed by a hearing before an internal committee equally composed of members of the management and staff representatives. According to experts, a decision may already be expected before Christmas.

"As has become known, the highest chamber of the internal judicial organ rejected as inadmissible a request to dismiss the judge."In addition to the disciplinary proceedings at the EPO, a further lively discussion is taking place because proceedings to remove a member of the Boards of Appeal from office are also pending. Critics complain that this could jeopardize the independence of the internal judicial organ of the EPA. As has become known, the highest chamber of the internal judicial organ rejected as inadmissible a request to dismiss the judge. This request had been submitted by the Chairman of the Administrative Council, Jesper Kongstad. The Board of Appeal noted, inter alia, that in the case of a removal from office they needed to be certain that unsubstantiated or unfounded, false allegations could not be used as a pretext to get rid of an "irksome judge".

However, in mid-October the Administrative Council initiated proceedings for the removal from office. Now the matter is before the Enlarged Board of Appeal for a second time.

Nevertheless, an EPO spokesperson announced that the social dialogue was to be continued in parallel to the three suspensions that include a "house ban". The EPO is aiming to conclude an agreement with the staff unions and to grant them a legal standing in the EPO regulations which they have hitherto lacked. (Christina Schulze)



Recently, Juve interviewed and extensively quoted a prominent retired judge regarding the suspension of the above judge -- a subject that we covered here before, even days ago when an English translation became publicly available. The article from Christina Schulze says that I.U. "investigations are controversial because, according to the internal guidelines, the accused person does not have a right to remain silent and is not allowed to be accompanied by a lawyer during their interrogation."

“As a practising European Patent Attorney I am deeply concerned by the news emerging from the EPO and thank you for your good work in exposing the outrageous conditions.”
      --Anonymous European Patent Attorney
But actually, even worse things are happening, as we covered in our recent series [1, 2, 3, 4, 5, 6, 7]. Then there is the rogue bunch of activities introduced by CRG, as covered in the articles below. Schulze speaks of "protests on the Internet." Maybe she should speak to some people who write about this subject online ahead of publication of her next article. She can also speak to some angry patent lawyers, under the privilege/promise of anonymity. It is evident that even 'clients' (applicants) of the EPO are visibly upset. One person wrote this just before the weekend: "As a former patent attorney who once had a lot of respect for the EPO, this is pretty appalling."

Remember that there is nowhere else for lawyers to turn to. The EPO has a monopoly in Europe, so poor service from the EPO harms everybody. It's as if the EPO is "too big to fail".

Earlier today a European lawyer told us: "As a practising European Patent Attorney I am deeply concerned by the news emerging from the EPO and thank you for your good work in exposing the outrageous conditions."

There is a lot more to this story than the EPO's PR 'firewall' cares to admit. If journalists like Schulze require more information on the subject, we will be happy to assist; we feel obliged to help.

This clearly isn't a case of angry peasants with pitchforks going after rich 'successful' guys but a case of abusive under-qualified old buddies from France regrouping and ganging up against doctors and professors who decided to become patent examiners.

Recent Techrights' Posts

X.Org is Still Not Dead
Oracle still developing it
Microsoft is getting ready to cause many employees to resign
Having already laid off many workers earlier this month, it now tries another approach
"Maybe the Problem is You"
they probably felt like they had no choice because they really needed this Microsoft money
GNU OS, Powered by Hurd
Choice is good, as long as choices exist that respect the users' freedom
European Patent Office (EPO) Reformation Project
It's a stain on the EU's reputation
Slopwatch: Google News and Other Slopfarms
Google News is rewarding sites that misuse LLMs and cheat the Web
 
Links 15/08/2025: German Government Falls Short on Free Software, Russians Breach EU Systems
Links for the day
Microsoft is Still Losing Cyprus
The market share goes down, so share prices go up
Microsoft Accenture is in Trouble
For one thing, its debt doubled in a matter of months
News Will Slow Down and Slop Will Contribute to the Slowdown
In recent years every time there was some holiday or major break the number people who "came back" shrank
Upgrading IRC Network of Techrights
a new version of the daemon we've used since 2021 was released very recently
"Register Debate Series" About Microsoft in the UK is Controlled by Microsoft (US)
The Register is run by Microsoft "Analysts", so the debate is doomed from the get-go
IBM is a Terrible Model for Red Hat
"Most likely caused by laying off too many people"
Microsoft Problems in Palestinian Territory and Israel
Microsoft stock (share price) goes up when market share goes down
Slave is Not a Bad Word, We Need to Use It Sometimes
Who does such exclusion of words benefit? What sort of expression will be deemed impermissible and subjected to CoC enforcement?
National Day of Action
"This Friday, August 15th, there is an organized, petition-based, protest of Wells Fargo in major cities across the US," Richard Stallman wrote
Our Gemini Editions Now Contain 100,000+ GemText Pages
Our Gemini Editions aren't small, even if Gemini Protocol is still the 'underdog'
The Relations Between the United States and Europe Deteriorate, Should Europe Continue to Rely on American Tech Giants?
The shallow notion that made-in-USA software is fairly safe for Europe to rely to is coming to a standstill
Techrights and Tux Machines Running as Usual During Vacations
No interruptions, maybe temporarily slowdowns
Gemini Links 15/08/2025: ADHD and "Random Weird Things"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 14, 2025
IRC logs for Thursday, August 14, 2025
"Article 52. PATENTABLE INVENTIONS" in the European Patent Convention
Some time tomorrow we'll have a complete local copy of the EPC
Serial Slopper (SS) Still at It, Still Misusing Plagiarism Tools and Cheatware for Images and Text About "Linux"
All the slopfarms are a very big problem
Reddit Deletes Stuff, But Not for Being False or Misleading
Yet another one of those articles that speak of a man in his 50s as if he's terminally ill
Times of India and India.com Are Clickbait and LLM Slop
Google continues to reward bad actors
The More "Market Share" Microsoft Loses, The Higher the Shares Go
People joke about the same sort of thing in relation to IBM
To OIN, Software Patents Are Not a Problem
Had software patents ceased to exist, OIN too would cease to exist and its staff would be unemployed.
Microsoft's Bankruptcy in Russia is Only the Beginning
Due to politics it mostly makes sense that Windows is being phased out, also in part due to policy changes
Microsoft-Funded Publishers Lied to Us About Vista 10 and Now Advocate Us Owning Nothing
They want you to own nothing, but they also want you to buy a PC on which to become Microsoft's slave and they make it harder if not practically impossible to remove Windows
Articles Promoting and Celebrating Wayland Are LLM Slop
New example (100% slop)
The Register MS, Dominated by American Editors, Says UK Should be Run (Digitally) by Microsoft US
The Register MS is sponsored by American money, run by Americans, and its chief editor is a Microsofter from the US
Gemini Links 14/08/2025: Drought, Climate Experiments, and LLM Slop Considered Detrimental
Links for the day
Links 14/08/2025: Second-hand ThinkPad and Enhanced Surveillance on Chipsets from the United States
Links for the day
Moral Standards From the Masters of Linux
They get hung up on minor language issue and promote this crazy theory that racism will go away if only everyone spoke a little differently (no matter where he or she came from)
Links 14/08/2025: Data Brokers Hiding Opt-Out Pages From Google, "Fight Chat Control"
Links for the day
FSF Infrastructure Under Constant Attack
The disconnect (literally) has had an effect on credibility
Feels Like The Register MS is Trying to Diversify a Bit
If The Register MS goes back to being The Register US (or UK), that will be a nice improvement
Gemini Links 14/08/2025: Reading Journal and LLM Fatigue Revisited
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 13, 2025
IRC logs for Wednesday, August 13, 2025
Hopping From One Set of Buzzwords to the Next
Rotating hype and vapourware
Currys PCWorld Hates GNU/Linux Even Though It Runs the World
If more and more people choose to remove Windows, then Currys PCWorld will feel the financial impact of its dumb policies
Internet Relay Chat and Gemini Protocol Help Us Relive the Net of the Dial-Up Era
The kids were alright
The Register MS Takes More Money to Boost Slop Hype, This Time From Snyk, a Notorious FUD Source
At some stage or at some point they might even decide to stop doing so
"GPT-5" is Another Microsoft Dead Cat Trying to Bounce
The hype, the momentum (or the inertia) is wearing off
Microsoft Windows Losing Its Grip Near Turkey and Russia
The 'corridor' nations connecting Iran to Europe
Slopwatch: LinuxSecurity, Google News, and Serial Slopper (SS)
The slop, the bad, and the ugly
Links 13/08/2025: The “Incriminating Video” Scam and Corruption in South Korea
Links for the day
Gemini Links 13/08/2025: Movie Memories and Mystery Machine Bus
Links for the day
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
Links 13/08/2025: GitHub Trouble and Openwashing by Microsoft OSI With the Typical Buzzwords
Links for the day
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025