Bonum Certa Men Certa

The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

Like his political ilk in France, Battistelli is a "big government" proponent who does not mind even torturing people (as if his personal ends justify the means)

Gestapomen following the white buses



Summary: An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)

An article about the EPO's Investigative Unit has been long overdue. It's like the goons or thugs of the Office, or the militant guards of Team Battistelli, which are complemented by a fleet of bodyguards in spite of low threat levels. Staff is subjected to scans as though it is boarding a plane and sometimes subjected to psychological torture. Almost everyone we hear from says that working for the EPO is a nightmare if not torture; some seriously think about leaving. They can't take it anymore. It wasn't always the case; Battistelli made it so. Over the past couple of years the EPO has been acting like a frightened state with secret services and armed bodyguards, not like a public service or institution. We already published a series of articles about it last year [1, 2, 3, 4, 5, 6, 7]. Nothing at all has changed for the better; in fact, things have gotten even worse. Things continue to exacerbate and lying has become so chronic that next month there will be a whole "report" and "conference" to tell the world that EPO staff is happy. Even North Korea has not yet stooped this low...



"External quality review of the EPO investigative function" was not too long ago sought by particular EPO workers. "The administration has started an "external quality review of the EPO investigative function"," they wrote, and one "can find an in-depth analysis of the investigation guidelines and the functioning of the Unit..."

We have made a local copy of it [PDF]. The document is 14 pages long so we haven't converted it to HTML. Instead, "short observations on the review process" can be found below:

Investigating the EPO Investigative Unit - a peer review?



Introduction When the Investigation Guidelines were adopted, a review was foreseen after three years, i.e. early 2015. At the time Mr Battistelli did not seem interested. That has changed: in its December meeting the Administrative Council insisted on a review, not only of the Guidelines but also of the Unit itself. Ms Bergot has now informed the CSC that an external review of the EPO quality function will soon take place. That could be good news, or it could be a white-washing exercise.

External review of the WIPO Investigation Function Interestingly, a very similar review has taken place in WIPO only half a year ago. The external reviewers were a “senior investigation officer” from an UN organization, Mr Sébastien Godefroid and Mr Claudio Zanghi, head of the EPO Investigative Unit. The EPO Investigative Unit is hardly a best practice example. Maybe not surprisingly the report recommends strengthening the WIPO Investigative Unit by hiring staff, providing less information to the accused, and making access to electronic data easier. Data protection issues are not even mentioned in the report.

External review of the EPO Investigation Function The two external reviewers selected by the EPO are Mr James Finniss, who is currently Deputy Director of the Investigation Division of the UN Office of Internal Oversight Services (OIOS), and Ms Olivia Graham who is Ethics Officer at the International Monetary Fund, i.e. both are working for international governmental organisations. This almost certainly means that the standards applied will be those common in such organisations. Almost all international organisations show a lack of transparency (excess demands of confidentiality), a lack of accountability (no truly independent overview, immunity of suit) and a lack of respect for staff rights (fundamental rights, labour rights, data protection e.a.). The circle of investigators working in international organisations is furthermore rather small. They form a rather tight-knitted community: they regularly visit each other, meet at conferences etc. To have this relatively small group of people assessing each other in turn would not seem the best way to guarantee independence.


To quote from the corresponding PDF:

The application of Circular No. 342 in practice has confirmed fears expressed by staff representatives prior to its introduction. The Circular has been used to transform the EPO into a "police state". The most relevant issues in this regard are summarised in the present document. In particular, it is noted that investigators are immune from any independent external control or oversight and there is no effective means for holding them to account for any irregular or otherwise disproportionate actions involving breaches of internal EPO regulations or national law.



Regarding so-called investigators -- the ones whose jobs were advertised almost a year ago -- a couple more got hired and "the general reaction is," according to a source of ours is: "Hell, another bunch of parasites we have to feed" (people who produce nothing).

Big government, eh?

"The boards of appeal," our source added, "will lose some relatively young members due to retiring." We guess they know what's coming. We don't think there are any job openings advertised at present for the boards. This, perhaps, is just what Battistelli prefers. As the UPC won't happen (at least not any time soon), Battistelli is now stuck between a rock and a hard place. The Office is collapsing and there's no remedy. They're scaring away all the skilled people and are unable to recruit equally-skilled replacements. Europe will suffer.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024