Bonum Certa Men Certa

EPO All-Time Low: Memorandum From the Praesidium (of the Boards of Appeal) Complains to the Administrative Council About Latest Questionable Moves

The Napoleonic President -- not the boards -- should be sent to exile

Napoleon Bonaparte
Napoleon Bonaparte surrounded by members of the Council of Five Hundred during the Coup of 18 Brumaire, by François Bouchot (drawing edited by us)



Summary: Tensions inside the European Patent Office (EPO) have increased to the point where the Administrative Council (AC) is directly contacted by the Praesidium regarding Battistelli's outrageous plan to effectively send 'unwanted' (to him) people to 'exile'

THE EPO's massive new propaganda budget (€880,000 in a year) is rather revealing (we included it in the image above). The EPO's management has managed to convince itself that perception -- not its behaviour -- is the real problem. This helps explain the war on information itself and the war on people who 'dare' to speak out. It's a war of occupation and forceful silencing of dissent thereafter.



Strolling around IP Kat, we often find interesting statements from EPO staff, enjoying the cover of anonymity. Patent "applicants in their droves are choosing to file their applications at the national offices," wrote one person yesterday. "EPO management [is] monitoring telephone traffic at the desks of Examiners," wrote another person, wondering if the management "intimidates its Examiners so much that such speed and efficiency is frustrated?"

"The EPO's management has managed to convince itself that perception -- not its behaviour -- is the real problem."A new article about judicial independence at the EPO was posted yesterday by Merpel. It speaks of the Praesidium of the Boards of Appeal. As Merpel put it: "The Boards take a very different view. Their Praesidium (overseeing body) has written to the AC members in frustration, disputing that they were properly consulted, and asking for their voices to be heard. Not unreasonable, given that it is they whose careers are on the line, and it’s their children who will have to move schools if they are relocated to Vienna, Berlin or anywhere else.

“...applicants in their droves are choosing to file their applications at the national offices...”
      --Anonymous
"Merpel reproduces the memorandum from the Praesidium below, which addresses the current proposal in depth, questions why their views have been largely ignored until now, and asks the AC to let the Boards present their views directly to the Council."

One can find the full text in there, but here is the summary: "The Presidium is of the opinion that the proposed measures do not achieve the declared aims of increasing the Board's autonomy and improving the perception of independence. What's more, certain elements even cast further doubt on their independence and make them less independent than before. The most important legal question has not been answered yet - that of whether the proposed delegation of powers from the President of the Office to the President of the BoA can take place under the EPC. Further crucial aspects such as autonomy in budgetary and communication matters are not addressed."

“...will the members of the Praesidium now be subjected to sessions with the Investigating Unit and subsequent disciplinary proceedings?”
      --Anonymous
This article raises all sorts of interesting questions and attracts interesting comments too.

Citing Battistelli's crazy rules that deny access to his potential overseer (those who can sack him), one person asks, "will the members of the Praesidium now be subjected to sessions with the Investigating Unit and subsequent disciplinary proceedings?"

Here is a good comment:

Clearly, El Presidente is going for the big one: while he still can (before the political shit really hits the fan) he would like to 'reform' the BoAs in a 'reasonable' way which will 'extend their independence' by putting them at a physical distance from the rest of the administration.

This is, of course, the purest cant: as the assembled staff of DG3 point out, in common with his treatment of the rest of the EPO staff, Battistelli is at present deliberately trying to intimidate DG3 by:

1. Deliberately not filling vacant posts in DG3, which not only makes the allocation of work more difficult, but raises the question of who will be retained in post of those already in post;

2. threatening to move them to a new site (which, for reasons of service, they may not be able to oppose - see ServRegs, if you can find the relevant passages) - which may (will) ultimately lead to the resignation of many of these 'turbulent priests' (look it up).

Despite the apparent enshrinement in EPC of the independence of the boards, we see that there are, nevertheless, ways in which the president can apply pressure to DG3, even if this is not a direct pressure to individual members or chairman.

Is this really what the framers of the EPC intended? If not, Quo Vadis DG3?


Someone wrote in response to that: "The President€´s paper is a perfect illustration of the way the Office is managed in general: profound disrespect for the staff concerned, shameless misrepresentation of facts, abysmal ignorance of elementary principles of law.

"Almost two years lost now, the AC desperately passive. The Boards of Appeal will never fit into the Unitary Patent system."

Yes, here we have another reason why the Unitary Patent (or UPC) isn't all that people imagine it would be. There are false promises, disseminated in irresponsible media (or media 'for sale') with the intention of manufacturing consent inside the EPO and outside it.

"I have been following this EPO story for some time," another person writes, "and I agree with Merpel and the Presidium of the Boards. The only conclusion I can draw from the President's paper for the Council is unfortunate: it looks like the President intends to mislead and deceive the Council, his supervisory authority. If that is correct, I personally believe the Council should dismiss the President.

“...it looks like the President intends to mislead and deceive the Council, his supervisory authority. If that is correct, I personally believe the Council should dismiss the President.”
      --Anonymous
"Unfortunately, the chances that the Council will do their job are slim. Some delegations will voice concerns, but in the end, the Council will very likely rubberstamp whatever the President has sent in. They have done it in the past, they will do it in the future. The only exception was the desired dismissal of the Board of Appeal member where they had obtained independent external advice.

"I will appreciate to be proven wrong, both on the President's intention and the Council's behaviour."

It will be interesting to see if, as some people have warned me, the EPO will soon attempt to buy opponents (there's a huge new budget for reputation laundering), which can in turn flip-flop on EPO coverage, either in expectation of monetary compensation or because a payment was quietly made. Watch out.

What looks like patent examiners or friends of some examiners are not exactly happy. "The story about a director effectively deciding a case looks quite incredible," one of them wrote. Another one wrote: "This is how their management understands quality. #EPC trampled and spat upon. Oh but to serve the citizen of course."

Congratulations to Sun King (Battistelli) for totally demolishing the EPO after Alison Brimelow left something which was at least working.

Protests by staff need to go on. There is at least one more next week.

"Ten people who speak make more noise than ten thousand who are silent."

--Napoleon Bonaparte

Recent Techrights' Posts

Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
 
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025