Bonum Certa Men Certa

Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

Decapitating the union merely a means for ensuring staff cannot fight back and save their jobs or the integrity of the Office

SIPO and Battistelli Reference: Loose Patent Scope Becoming a Publicity Nightmare for the EPO and Battistelli Does a China Outreach (Worst/Most Notorious on Patent Quality)



Summary: The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders

JUST BEFORE Christmas we used the term ‘SIPO Europe’ to refer to the EPO as Battistelli envisions it. Workers' rights were already appalling (barely existent), software patents were being granted in defiance of the rules and common sense, and Battistelli was making regular visits to China.



The Administrative Council seemed to be reasonably (or sufficiently) happy with the way things were going and was welcoming the UPC in spite of Constitutional issues, among many other serious barriers and antagonism from Europeans. Who were these people serving if not the rich executives of some large multinational corporations? One could not ignore the fact that not ordinary people were being served.

"The Administrative Council seemed to be reasonably (or sufficiently) happy with the way things were going and was welcoming the UPC in spite of Constitutional issues, among many other serious barriers and antagonism from Europeans.""When asked by Ars," Dr. Glyn Moody wrote last year, "the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

Last night we saw two briefs about EPO patent grants. These got published by Reuters at about the same time [1, 2]. Some companies are obviously excited (and exciting their investors) about EPO grants. What next? Lawsuits and injunctions? With UPC, these would be even easier. Are the patents truly valid at all? Don't count on it. But the appeal boards too are being marginalised. EPs are being loosely granted these days, sometimes after as little as hours of research. This is the result of misguided Battistelli policies and unreasonable pressure levels. Examiners are rightly unhappy. This isn't what they joined the Office to do and it harms the reputation of their employer, which in the long term can leave them unemployed (layoffs are already expected).

“the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules...”
      --Glyn Moody
Yesterday we saw this new comment about how the EPO is recruiting cheap and usually relatively unskilled/inexperienced labour without benefits/protections/work security, as if they'll become de facto filers rather than examiners, repelling the 'expensive' (i.e. experienced) examiners.

To quote:

It took a while to make something out of the bits and pieces of information coming from all parties. I believe that by now I can make a wise guess about the whole picture. It doesn’t look pleasant for the EPO employees. The EPO is over—recruiting. There’s no work in some departments and yet the directors are “forced” to recruit, as they also have targets to achieve. Strange enough recruited examiners must come from the outside, so internal transfers don’t count for the recruitment target. Old examiners without work and possibility of transfer soon will be hit with warning letters and become under-performers. The most senior examiners must produce more than 100% of the “reference examiner”, whereas the new-comers should produce 80% . It is clear who will go down first. The question was how to get the old guys out of the payroll but this is also taken care for, as there is the “Reserve status” in the Service Regulations. A permanent employee shall be assigned the reserve status if he has became supranumerary.

I would like to question the Administrative Council if they agree with this policy. I would like to ask the Administrative Council if they are willing to deny this and reassure the EPO workers that a major Lay-off is not on the way. I would like to make sure that they know what we foresee and take responsability for their acts and omissions. I would like to tell the Administrative Council that we will always , no matter when or where we are, remind them of what they have agreed to do or by their own volition have done to the EPO and to its’ workers.


In our view, the EPO's management is attempting attack those who dare warn about what's coming, potentially the complete end of patent examination (except perhaps by computers, which can only ever do a shallow and shoddy job).

"EPs are being loosely granted these days, sometimes after as little as hours of research."The following new comment, citing an article we published two days ago, wants Merpel's attention for "documents provided [which] show the continued harassment of the staff representatives". IP Kat has not been covering the topic for a while (just 2 posts in about half a year). It barely even touches anything negative that's related to the EPO anymore, especially since the EPO intimidated them with sanctions (a one-day ban). Here is what the comment said:

Dear Merpel, No doubt, given your interest stated above, you will be following the proceedings revealed in http://techrights.org/2017/02/15/claude-rouiller-ilo-and-epo/ Commentary aside, the documents provided show the continued harassment of the staff representatives with, presumably, the threat of disciplinary measures to follow. For those who have not read the documents or do not know the background, the internal EPO Appeals committee (dealing with staff appeals against EPO decisions) has been held by the ILO-AT as incorrectly formed for a period of years. The response of the AC was to accept a new rule from the President that, in summary, if staff reps did not volunteer to be members, then lots would be drawn. Staff reps, already undermanned, pointed out the infeasibility of this as, by nature of being staff reps, they were usually advising staff filing appeals. To also be on the appeals com (ApC) would of course be a multi conflict of interest since they have client confidentiality and also secrecy involved in the proceedings of the ApC. Nevertheless the President has ignored explicit requests from them not to be part of the ballot and has drawn lots.

We await the outcome but those chosen are in an impossible position and the ILO will almost certainly hear more. What this means for those staff reps is a more pressing concern for us all.


"Amazing," another person called the whole thing, comparing Putin to Battistelli. "Monsieur le President finds ever more inventive ways to blame his victims... thereby providing him with a pretext for victimising them even further. I am beginning to think that even Mr Putin could learn a few tricks from this monster. And to think that the AC does nothing to stop what is going on under their nose. Shameful!"

"In our view, the EPO's management is attempting attack those who dare warn about what's coming..."The problem is that these people have lost their moral compass and they only care about the safety of their short-term career and job security (until the next delegates come along). If the EPO ceases to exist because of their inaction, what do they care? Each to his/her own, selfish and cowardly (or well paid by Battistelli to play along and shut up) to the very end.

Recent Techrights' Posts

Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
 
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025