Bonum Certa Men Certa

EPO Stakeholders Complain That the New Chairman Does Not Grasp the Issues at the EPO (or Denies These)

German stakeholders speak out about a German Chairman

Dr. Ernst of EPO



Summary: Some information from inside the EPO’s Administrative Council, whose Chairman is denying (at least to himself) some of the core issues that render the EPO less competitive in the international market

THE EPO crisis won't end until or unless different strategies are adopted. Last night we wrote about the EPO having a dispute over patent quality, but at the end the Administrative Council just parroted the lies of Battistelli. It's as if there's no intention at all to tackle the key issues. These key issues are not even publicly acknowledged. It's all hogwash.



"According to Dr. Thorsten Bausch (Hoffmann Eitle), the Chairman at the Administrative Council does not quite know what's going on or is in denial about it."This morning an EPO insider said that "Chair of AC C. Ernst being told by "Users" that he has no clue of what's going on at the European Patent Office. Note, however, that "Users" are concerned with Board of Appeal staffing and quality. Distressed employees kindly mentioned, but does not really become an issue."

According to Dr. Thorsten Bausch (Hoffmann Eitle), the Chairman at the Administrative Council does not quite know what's going on or is in denial about it. Very bad it is indeed if he's not aware of the judge being illegally put on "house ban" (whatever that is). Why isn't Ernst bringing him back? Why does he not bring all the judges back to Munich? They were collectively punished and marginalised by Battistelli.

Some interesting inside information can be found in Bausch's article from yesterday. It's about Ernst and the German delegation at the EPO:

With regard to the UPC, I learnt that this is a good idea from a European perspective, even though it may occasionally lead to some disruption of the existing business models of some. All well and good. Will it come and when? On that I did not learn anything. I cannot remember Dr. Ernst using the word ‘Brexit’ even once. He did mention the German constitutional complaint against the UPCA ratification, but his only two comments were “I am afraid I must disappoint you – I cannot comment on it here since I am a member of the Ministry of Justice”, and “I hope that it will end well and that it will soon be decided”. Amen.

Turning now to the two problems mentioned above, i.e. quality and the understaffing of the Boards of Appeal, I was flabbergasted to learn that the first was not actually a problem at all – at least not for Dr. Ernst – and the second has meanwhile been solved since the vacant positions have now been filled up, as Dr. Ernst explained.

Hmm. “Die Botschaft hör ich wohl, allein es fehlt der Glaube”. (I hear your message loud and clear, but still I don’t believe it – Goethe, Faust)

[...]

But let us put quality aside and turn to the really good news. The Chairman of the EPO’s Administrative Council said – and I am not joking here! – that the understaffing problem has meanwhile been solved. He literally stated that the (vacant) positions have been filled again (“die Stellen sind jetzt wieder besetzt”).

How great!

Except that this is unfortunately simply not true.

While a few Board of Appeal chairmen were appointed (out of current board members) and a number of current board members were apparently re-appointed in the last AC meeting, the overall result was such that EPO users can only be very disappointed. Following Dr. Ernst’s speech, I asked around and quickly learnt that there have, in fact, been virtually no new appointments of technical members lately.

[...]

In any case, it cannot be denied that the large majority of the more than 20 open positions as shown by the latest complete business distribution scheme from the end of 2016 have not been filled. Just to mention one example, the pharma board 3.3.02 now (finally!) has a new chairman, but still no (zero!) technical members. Its cases go to TBA 3.3.01. The backlog of cases grows and grows. This cannot be the solution!

Dr. Ernst was confronted with this fact by some members of the audience after his speech. He seemed genuinely surprised, if not even a little embarrassed, on hearing this and said he was not aware of this.

This raises serious questions.

I assume that Dr. Ernst genuinely told the audience what he believed to be true. If so, one must wonder how on earth he could come to this view. Did somebody falsely inform the Chairman of the EPO’s Administrative Council? If so, who was it and will that have any consequences? Or did the Chairman not bother to inform himself properly? He may be forgiven for not reading this blog, but is there nobody around him telling him what is going on?


As we expected, he will probably play "aloof" or apathetic much like Kongstad. Unless he tackles the hard issues and becomes a reforming actor we can expect nothing substantial to change. The same goes for Campinos, whom we'll revisit in the next post.

Recent Techrights' Posts

2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
Microsoft Windows Barely Exists in Haiti Anymore
This trend in Haiti is a "story in progress"
 
These Strange Web Statistics From The Bahamas Show Windows Falling From 93% to Less Than 5%
There are about half a million there
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025
Links 17/03/2025: Weather Changing and Connecting Docker to Localhost
Links for the day
The EPO Might Face Critical 'Brain Drain' (Abandonment by the Most Experienced Patent Examiners) This Year
"a number of colleagues might feel compelled to inform the Administration before the end of May 2025 of their intention to retire as of 1 December 2025."
Links 17/03/2025: Forced Labour and Memory on Tenstorrent
Links for the day
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025