Bonum Certa Men Certa

Patent Justice at the EPO is as Bad as Justice for Workers

So the UPC is a Dead Man Walking, Surely?



Summary: A look at the sad state of justice for EPO workers and the effect of brain drain combined with work pressure on the quality of work

HAVING published nearly 2,500 posts about the EPO, we have enough evidence to show that the EPO has, especially in recent years, been treating its workforce like dirt. Staff must never be treated like dirt. Many of them feel it. Many are depressed.



The EPO's management, moreover, lies as a matter of routine and always gets away with it. It now lies (by omission) about the latest ILOAT decisions. To quote a new comment:

It should be remembered that the ILO-AT is an adminstarative [sic] tribunal and not a court of justice – it checks that the procedural aspects were correct but not that the judgement was just.

One point to note. The EPO publishes internally a summary of the ILO decisions. In the current round, some important decisions were, exceptionally, pronounced early in December while the remainder were pronounced last week. The summary by the EPO mentioned all the cases the management had won but none of the ones they lost. Additionally commentary was given which aimed to deter filings at the ILO by suggesting that it was a waste of time and wasted the tribunals time. That the decisions against management were not worthy of comment says it all since those decisions highlighted the corruption of internal justice where the accuser was also leading the prosecution case and advising those who sat in judgement. One would have thought lessons could be learnt and at least some token gesture would be made to recognise managerial errors and promise to improve. Apparently not.

One last point. The decisions which went against the judge and the union rep included decisions against intermediate steps (asking for but being refused return of confiscated personal property (a USB stick) and refusal to investigate harassment by the internal investigative unit). In both cases the tribunal considered that these were part of a procedure which was ongoing but not concluded (at that time). Interesting precedents which give carte blanche for abuse since if one wins a case, no matter how unlikely, there will be no opportunity to appeal and hence no justice for usually unallowable behaviour.


There's no justice for EPO workers, neither at the IAC nor ILO. One begins to wonder if there's patent justice at examination, oppositions, the Boards and the envisioned UPC (all of which Battistelli always controls or hopes to control). The perceptions of both justice and independence are farcical.

Earlier this week Initiator Pharma said it had received "an Intention to Grant notice in Europe," alluding to the EPO. A Danish company's collapse some days ago, not to mention the CRISPR patent, should give them reason for pause. "Don't get too excited," I told them, as the EPO "receives many oppositions, makes lots of errors [and thus] you get fool's gold..."

European Patents no longer come with the same value or level of legal certainty. They just don't. The examiners work faster and many of the experienced examiners have left or got sacked. It's not a pretty picture. The so-called 'reforms' have been crazier than anything we've even seen at the USPTO, with patently ridiculous concepts such as Early Certainty (as if one can determine patentability before actually doing the full assessment/examination/prior art search). Finally, if not belatedly, large corporations are expressing concerns about the EPO's approach. According to this report from a few hours ago:

Following critisism [sic] from the industry, the European Patent Office has drafted a proposal to allow exemptions to its Early Certainty Initiative. Industry associations had pressed the EPO not to limit the time to grant a patent to 12 months arguing it would have detrimental effects on the life sciences sector.

[...]

This is especially true for the life sciences sector who had voiced concerns over the past year that a 12-months examination time could block innovation and harm the whole sector.


We have already seen prominent attorneys too expressing concerns about Early Certainty. What clients want is legal certainty, not "Early Certainty" -- whatever that even means in practice. Weickmann & Weickmann PartmbB has just published this sponsored IAM piece titled "EPO revises examination guidelines: key aspects for applicants" in which it says that one "amendment is a way for the EPO to further streamline examination proceedings for applications. Therefore, it is expected that at least some examiners will readily make use of this new possibility."

Examiners aren't flexible; their hands are tied by an authoritarian management and line managers who were selected and promoted based on loyalty rather than skills. All they now care about is so-called 'production', as if the goal of a patent office is to grant as many patents as possible. As the EPO lowers patent quality, staff quality, and quality of procedures (recipe for disaster) we're left wondering in what state -- if any at all -- the EPO will be a decade from now.

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024