Bonum Certa Men Certa

With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

The 'reforms' at the EPO turn out to be all about attracting the low-quality applicants from China, the US, etc. (quantity over quality)

EPO Frame Breaking



Summary: A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it

LAST night we wrote about some of the latest lies from the EPO's President Benoît Battistelli and Team UPC. All that wishful thinking from Team UPC would have us believe that the UPC can still happen -- the same kind of lie that Battistelli and his foot soldiers (like Margot Fröhlinger) try to make probable. Some of the latest nonsense about UPC ratification is dressed up as Dutch, but it is perfectly clear that the UPC cannot pass without the UK (and it won't happen any time soon, if ever).



We are rather disturbed to see a sharp and abrupt departure from truth. Battistelli is comparing staff to criminals (a total fiction, entirely unsupported by facts) and last week he spread some nonsense about patent quality -- a subject on which we last wrote last night as well as last week. Battistelli wants people to believe that patent quality at the EPO is still OK, citing his mouthpieces for 'evidence' when/if asked.

Not too long ago we learned that the damage caused to patent quality at the EPO was so profound that some doubt examination will even be carried out at all (or just some automated checks that are inherently flawed). Rubberstamps are just a wet dream or a fantasy of Battistelli and with the objective of "production" in mind he's just sending the task of examination down the drain.

Here is a comment we found a few days ago:

For any patent office, it would be good to separate search and examiner processes. The two must be done by two separate departments so that each has good time to perform their part. This era of internet throws up tonnes of prior art.

Provide good time for the examiners to understand the inventions that they need to examine. They should be allowed to consult (in a clear transparent way, with written documentation of the conversations) applicant at all times during the search and examination.

Limit the number of claims per application (10-15 only), per category for a thorough search and examination.

It would be good to ask prior art directly from the inventors -- as opposed to the patent offices of corresponding applications. Many come up with the most relevant ones only.


This relates to documents we saw in which depletion of stocks of workload is demonstrated. Sooner or later overcapacity (of staff) and under-performance (in examination terms) will destroy the EPO as it was once known. Remarking on "HR Reforms", some highlight "a culture of pressure, fear and insecurity" (for workers). "In the meantime," says a document we saw, "we hear worrying reform proposals" and they are as follows:

Pressurize: Further institutionalised production upward spiral: increasing production and productivity is a permanent mantra at the EPO. Since 2014 an 18% increase production target has been deemed adequate. The President has forecast a further 10% increase for 2016.

Hire...: Clear instructions have been given to recruit as quickly as possible as many examiners as possible: for instance instructions from the HR department (4.3) have been issued to effectively revise the decision leading to rejection of candidates in DG1 recruitment procedures;

... and fire: Revision of disciplinary procedures is due in the June AC meeting: if it passes, it will allow the President to dismiss staff for professional reasons – such as underproduction - without disciplinary committee;

A life after?: The “post-service integrity” reform [...] will allow the EPO President to decide if a former employee is allowed to work in whatever area: patent attorney, lobby, journalist, blogger, SUEPO, Charity, etc. The threat of a pension cut (a further change to be decided by the June AC meeting) or being deleted from the list of professional representatives before the EPO (managed by the EPO) is deterring for former employees;

As if this were not enough, further reforms seem to be under discussion:

Production: There are plans to apply the “corridors” (production targets linked to the individual grade) more systematically in the coming years. That would lead to substantial supplementary pressure for high grades employees, which happen to be the old part of the population and are considered less desirable staff in the EPO lately. Clearly an underproduction warning (see above) works as an adequate deterrent against inflexible staff.

Flexibility: There are rumours of plans to revise Art. 46 ServRegs, i.e. to “flexibilize” the use of “reserve status” to deal with overcapacity and render it much more economical for the EPO. As the rumour goes, a maximum of 2 years with 50% salary would be “offered” to staff chosen at the discretion of the President;

Insecure: Despite regular official denials (such as those of the Early Certainty dedicated site FAQs), rumours are recurrent that EPO Staff would be recruited on contracts: in particular, contracts for examiners may become the new standard [...] Unseen just a few years ago, according to the latest published staff changes, there is already a clear trend to recruit more and more examiners on contracts: In May, 17 of the 18 new entrant examiners were contract staff, in March all 21!

More uncertainty: Rumours are becoming insistent that a Pension reform is imminent: without going into details, the direction can only be detrimental to all staff, also in place, as the present administration considers that “acquired rights” are superfluous old-fashioned privileges.


Insiders already know a lot of the above (word of mouth), but do patent applicants know this? Is there a public realisation or broad understanding of the EPO's race to the bottom? It's scraping the bottom of the recruitment barrel, the human/labour rights spectrum, and the lowest levels in the patent ladder. Battistelli is doing to the EPO what Republican politicians did to Flint, Michigan.

Recent Techrights' Posts

Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
 
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025
Rumour of IBM 'Bloodbath' in Clown Computing
Performance Improvement Plans mean one step ahead or before layoffs
Dr. Andy Farnell: "Richard Stallman Chose to Stand For the Rights of People to Use Technology as They Wish. He Chose Freedom Instead of Riches."
Keeping busy in public transport
(Live-)Stream of Richard Stallman's Latest Talk in Europe (No Longer Live)
The latest public talk and Live-Streamed schedule were announced early on for the public to know about
Gemini Links 24/01/2025: Drehgriffel, Computer Science and Capitalism
Links for the day
Microsoft Lost a Ton of Market Share in Web Servers Last Month (the Last Month of 2024) and Massive Losses Continue in 2025, Shows New Report
Microsoft down sharply
Richard Stallman is Already in India, Giving Talks About Microsoft Chaffbots and More
he's already giving some talks in India
Microsoft (Nick Vidal) and Co-opting "Open Future" With Microsoft-led "Open Source AI Definition" (Openwashing LLM Slop and GPL Violations)
Microsoft is tainting all sorts of groups via the OSI
Drunk on Chatbots, LinuxSecurity.com Spews Out More LLM Slop About "Wine"
They just keep googlebombing "Linux" and "Security" using slop
Gemini Links 24/01/2025: The "Hey Hi" Hype Continues Fading, Tesla/X/Twitter/SpaceX Associate With Nazism
Links for the day
Robbery at the European Patent Office (EPO), Office Staff as 'Prisoners'
publication from the Central Staff Committee, dated yesterday
Techrights in 0.036 Seconds
Combining Gemini and HTTP/S, yesterday we served an impressive number of requests
BetaNews Run by Plagiarism Bots That Googlebomb (for SEO) "Linux"
Google rewards and thus encourages plagiarism
Microsoft, IBM, and Front Groups That Advance Racism for Profit
IBM has profited a lot from racism and it still does
FOSDEM and 'No Nazis'
the issue isn't wealth but principles
IBM Titles Considered Worthless and Many IBM 'Fellows' Are Vanishing (Also: IBM Staff Inside Linux Attacks the Rights of Computer Users for Recognition or Rewards Like "Distinguished Engineer")
James Bottomley is still "a Distinguished Engineer at IBM"
Gemini Links 24/01/2025: "Social" Control Media is Unsatisfying; An Old Call for a Gemini Without TLS
Links for the day
[Meme] Levels of Outrage
Apparently it's hip for criminals to leverage "the law" to silence their exposers
Links 24/01/2025: Earthquake, Landslide, and Official Implicated in Airplane With Landing Gear Issues (Boeing Plane) "Found Dead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 23, 2025
IRC logs for Thursday, January 23, 2025