Bonum Certa Men Certa

The European Patent Office Remains a Crooked Patent Office That Harms Staff and Abolishes the Rule of Law

EPO Pisa



Temple in Ayuthaya



Summary: The EPO remains a sordid mess, but those who follow mainstream media might not know anything about it because it's not covered anywhere in 2019

THIS MORNING we ranted about the European media intentionally ignoring the European Patent Office's (EPO) scandals, of which there are so many. President António Campinos, like his predecessor Battistelli, must really be enjoying his immunity and impunity (even protection from the media). These people can do almost anything they want and Campinos thought about lending immunity to his criminal son (after he had committed a serious crime). Are these people drunk on power or just literally drunk? Perhaps both. The previous post spoke about patents on life and the one beforehand about software patents in Europe. These aren't legal. European authorities say so, but the EPO chooses to ignore authorities, the law/EPC, even courts.



How much longer will SUEPO hold off another strike? What concrete steps has Campinos taken to deserve its postponement? "Kluwer Patent blogger" wrote about this yesterday, but this anonymous author makes it seem as though things are OK with a headline like "No strike, little progress in restoring social peace at the European Patent Office". To quote some bits:

In a letter that the SUEPO sent to president Campinos last week, with a copy to all delegations of the Administrative Council, the SUEPO warns social tensions are far from over and expresses concern that Campinos has celebrated “major” achievements, whereas they are, ‘in our opinion, only a few, relatively minor steps towards the necessary re-establishment of the Rule of Law at the EPO. These steps are simply the beginning of a long process, and are far from being sufficient to restore social peace after years of massive staff rights violations under Mr Battistelli.’

In the letter, the SUEPO also criticizes the way in which Campinos expressed himself about pending cases of sanctioned union and staff representatives. Although last year the Administrative Tribunal of the ILO reversed dismissals and downgrading of three SUEPO leaders by former EPO president Battistelli, this has not led to quick actions by Campinos in similarly questionable cases: ‘You wrote: “[T]he office cannot accept any terms of settlement especially where demands involve excessively high financial compensation”. (sic)’ According to the SUEPO, ‘[t]his statement is highly disingenuous. The individuals in question only ask what is owed to them, to restore the status quo ante: nothing more. What is owed may now be substantial, but by no means excessive.’

EPO president António Campinos came in charge in July 2018 and said listening to the staff would be a high priority for him. Disappointingly to many, this has not led to important changes nor a better social climate. A recent internal survey showed EPO staff has a very negative view of management effectiveness, low confidence in senior management decisions and lack of clarity about direction. Alarming and ominous as well: only 39 percent of staff member think they are treated with respect.


The comments from "No Justice at EPO" and "Experienced Examiner" (only two comments posted/approved so far) are better than the article, which SUEPO cited on Monday. To quote the first one:

It is incomprehensible that Mr Campinos act in this way.

Why does he endorse the mad actions of his predecessor? Why does he protect top managers who acted illegally and de facto maintains injustice to those who have suffered from their actions?

Not only the sanctioned staff reps but the entire EPO structure is maintained under far too high production pressure, fear of retaliation and thus chronical stress.

He is a lawyer by training. Why does he do at the EPO what he could never have done in Brussels in the EU institutions?

Can someone explain to me what purpose does this strategy serve? Does he (do they) take pleasure in making people suffer?


And the second:

Neither the new President nor anybody in Senior Management has the intention to change anything – aside from cutting costs, meaning reduced staff benefits, with the support of the bogus financial study.

We have seen one area of major progress: information technology. Here, the Office decided to rely on Google Chrome as third browser, in addition to Internet Explorer and Firefox. This will, without doubt, massively boost quality, quantity, motivation and staff engagement.

The latest talk is about an “agile culture” which allegedly has brought major benefits in various companies. So far, I still miss an explanation of what “agile culture” is and how it shall be compliant with the very rigid guidelines we have on how search and examination are to be carried out. We examiners are not at liberty in performing these tasks. More or less every step is regulated down to the tiny detail. I have the feeling my top management remains blissfully ignorant about the services the Office provides and the work done by substantive examiners.

As to the staff survey with devastating results, the only visible reaction is an assurance that “work is going on”. Hm. I would not know about you, but getting slapped in face for lack of respect and having nothing to offer aside from fuzzy, unsubstantiated assurances falls somewhat short. Months have passed, there is nothing tangible.

The Council, in all likelihood, will not do anything substantial. They have become very good in doing this during the last years.

We examiners are between a rock and a hard place. The only way to remain sane and healthy is to adapt the quality we deliver to the time we are allowed to spend. Professional pride in doing a good job is outdated.


Why does the EPO carry on without very major scrutiny from the media, from the EU and so on? This inaction makes them look very much complicit, at least by passivity.

From the above blog typically come lies of Team UPC and other patent extremists, who lobby for patents on life (or similar). Arnie Clarke and Harriet Crawford have just pushed or publicised the agenda of fast, sloppy, inaccurate patent examination (the way Battistelli and Campinos like it). Good for lawyers? Sure. Harms the innocent? Well, duh! This is where those lawyers extract the money from. It's a systematic passage of wealth. These authors are highlighting rather extreme and rare cases/examples (almost 2 decades in the queue):

T2377/17 concerns an application for which over 16 years elapsed between regional phase entry (October 1999) and issuance of the first Rule 71(3) communication (August 2016). In T2707/16, the first instance decision to refuse (July 2016) was over 14 years after the filing date (November 2001).

Clearly these are exceptionally long durations for patent examination, considering the 20-year maximum term of a patent. The Board did not provide any hard line as to exactly when accumulated examination delays tip from merely long to excessive, but does provide a thorough assessment of the factors that should be considered in reaching a conclusion either way.

[...]

The decision T2707/16 emphasises that examination should not be rushed, acknowledging the skill and effort required for quality examination of patent applications, which it notes is an “intellectually demanding task of high responsibility” (reasons 18). Here, a distinction should be made between the actual time that an examiner requires to prepare for and write an examination report, which is a necessary expenditure of time, and the time that the patent application spends in a queue for examination, which is an unnecessary delay.

T2707/16 further takes care to avoid criticising individual examiners, instead calling out the system that allows files to languish in cupboards real or electronic for so many years (reasons 33).

G1/05 and T84/82 are also referenced. In particular T84/82 notes the aim of the EPO “to carry out the substantive examination thoroughly, efficiently and expeditiously”. Hence not only should undue delays be avoided, but examination should also be thorough and not rushed.

[...]

In contrast to the focus on EPO stakeholders in the recent EPO survey on postponed examination, the Board 3.5.07 considered in T2707/16 and T2377/17 the needs of the wider public and the position and purpose of the patent system in the economy.


These are of course very exceptional cases (we wrote about some of these before); they're typically brought up to shield patent maximalists who don't believe in patent examination and wish to just hop straight onto fast-tracked (e.g. PPH) lawsuits, based on mere claims (never properly assessed by a professional in the said field).

Where does public interest fit into all this? Nowhere.

Yesterday Benjamin Henrion of FFII wrote about the EPO's absurdity which is rejecting input from Europeans who don't speak the "right" language: [via]

The European Patent Office (EPO) has censored contributions to its public consultation ‘EPO2023’ from spanish companies and citizens. The EPO wanted input from the public on how they could “improve” themselves, but failed to be inclusive.

Seven contributions were refused on the basis that the EPO only accept contributions from the public only in its official three languages: English, German, French). Apparently, other contributions in Dutch were also censored.

The first form was already biased as the EPO considered all companies to be “patent applicants”, so a normal company interested in to participate had to tick the option “other” instead of “company”.


The above press release from FFII might not reach many eyes because FFII is hardly active anymore.

The corrupt EPO does not care at all what the European public, i.e. Europe, has to say. It's an apparatus of large non-European corporations and oligarchs. EPO accepts and publishes input from the United States and Canada (not Europe), but not from Dutch people, whose country hosts a branch of the EPO and has a new shiny building from which fake/low-quality patents come out (to harm Dutch businesses).

Recent Techrights' Posts

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
Team GNOME Has Libeled Me for Nearly 20 Years
we are not dealing with sane people
Experience With Airlines in 'Web Sites' and in 'Apps'
In a lot of ways, Stallman Was Right about what JavaScript would turn out to be
Open Does Not Mean Free
wiser to ask if some program is freedom-respecting
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day