Bonum Certa Men Certa

EPO Staff Representation Again Warns About Collapse in Patent Quality (Due to Bad Management), Suggests Potential Improvements

Fish bowl



Summary: The Central Staff Committee (CSC) of the EPO shares findings about a pilot programme that attempts to correct or reverse an otherwise-worrying trend of declines in European Patent quality, noting that "negative impact on quality was soon observed, resulting in numerous WIPO complaints."

THE past few years saw several attempts to warn EPO management (clueless politicians, not technical people) that patent quality had fallen. Both Benoît Battistelli and António Campinos basically responded by attacking the messengers (e.g. in 2019 under Campinos). At the same time they rebranded illegal patents (such as European software patents) using a bunch of meaningless buzzwords, boosted in part by UN/WIPO. They awarded loads of patents that should have been rejected; and had proper procedures been put in place, the applications wouldn't have arrived either. They basically invite a whole lot of junk applications; many will be erroneously granted, causing potential legal mayhem and harming the European economy.



"They basically invite a whole lot of junk applications; many will be erroneously granted, causing potential legal mayhem and harming the European economy."The Central Staff Committee of the EPO has circulated the following paper, which is dated last Friday. "The 2018 reorganisation de-centralised tasks into small teams and demanded that Formalities Officers (FOs) diversify in several procedures," it noted. "This structure created an artificial situation of understaffing in many FO teams. Many colleagues suffered from demotivation and reported higher stress levels. The current pilot project on centralisation of international phase procedures is an initiative that can improve this situation."

"The feedback received so far is very promising," they said, for a change. "A proper evaluation of the outcome of the pilot project together with a transparent timeline and proper planning is a must. This paper gives a first overview of the perception of FOs."

Remember that this is just a pilot, this isn't what's generally happening in the whole Office.

Here's the full publication:

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Munich, 19.03.2021 sc21037cp 0.2.1/1.2.1

Centralisation of the Receiving Office (RO) and PCT Chapter II demands
Perceptions of colleagues in the pilot project



In November 2020 a pilot project to centralize the Receiving Office (RO) and PCT Chapter II (for Forms PCT/IPEA/401) was launched.

Before 2018, RO and the PCT Chapter II demands were centralized in The Hague. Many Formalities Officers (FO) working on these procedures considered this to be beneficial for their work. They predicted that there would be a possible loss in quality if the procedures were to be distributed among a large group of (partly newly trained) colleagues in all directorates and all places of employment.

Senior management ignored these warnings and changed the set-up in 2018 so that procedures were indeed decentralized. However, the negative impact on quality was soon observed, resulting in numerous WIPO complaints. One of the objectives of the centralisation pilot project has been to restore quality in the PCT procedures.

Your Staff Representation has now conducted a first survey amongst the participants of this pilot to find out how they assess the new framework under test and to see in particular its impact on quality.

At present, the pilot project includes participants in Munich and The Hague who dedicate from 20% up to 100% of their working time to centralisation. We received feedback from both Team Managers and FOs.

Setup of pilot/enrolment At the start of the pilot project, the first colleagues who applied described a cumbersome enrolment process, with last-minute changes and with candidates being put on hold. It was perceived as disorganised, with candidates being asked to take ad hoc decisions.

Knowledge consolidation Working in a pool with experienced colleagues is seen as very beneficial, allowing harmonisation. The exchange of feedback and knowledge, team cooperation and shared




experiences are valued positively. Less experienced participants see the need for additional training and for regular exchange with the experts.

Job satisfaction Participating in the pilot project contributes positively to job satisfaction. In general, colleagues are able to combine well their pilot work with their work in the directorate and they enjoy the diversification of tasks. The possibility to deepen their procedural knowledge within the pilot is also appreciated.

Colleagues working mostly 100% in the pilot report a major improvement of their wellbeing at work. They feel more comfortable and appreciated in a structure where they can focus on their procedure of expertise.

For these colleagues, the demand for diversification in the FO teams gave a feeling of loss of confidence at work and they would rather not go back to this structure.

Some colleagues report struggling to balance their work between the pilot project and the directorate.

Work distribution Prior to the pilot project, many FOs were working on RO and PCT Chapter II procedures in the directorates but the number of incoming files varied greatly per FO team. Participants to the pilot report that work distribution was inefficient and created stress among staff, which had a negative impact on quality and wellbeing.

Some colleagues were overloaded with work while others did not have enough files to build and keep up knowledge. In the pilot project, work distribution is better balanced with a reduced team of FOs dedicated to only one procedure. Within a centralized structure, balancing for leave and absences is also easier than in small FO teams with multiple procedures to cover.

Quality The feedback received is promising. The latest quality circle reveals a clear improvement in quality for these procedures. The contact people from WIPO also found it favourable to interact with a smaller team of well-trained interlocutors from the EPO.

Recommendations from participants Despite the overall positive feedback, there are still some open points and room for improvement as identified by the colleagues.These concerns have already been shared with the pilot team managers:

● Reporting criteria for colleagues working for two teams needs to be clarified. No disadvantage should arise from the new way of working. ● In view of the positive aspects of a centralized structure, some participants were wondering whether a mutual sector mailbox could also be created for the Receiving Section. Recognition of the role of experts should be re-considered (as was the case




before with the LPS). FOs appreciate and value the support provided by (senior) experts. ● Collaboration and harmonization between sectors/clusters need to be fostered. For the time being, the atmosphere is still described as competitive. ● Transparency is a must for such a pilot project. Participants are unsure about the next steps. The project has been extended until further notice. Early communication whether the project will move to a steady state is requested. A constant switch between centralisation and decentralisation of procedures should be avoided in future.

Conclusion In recent years the work of FOs has been subject to numerous changes, in the teams structure as well as in the workflow and tools. The 2018 reorganisation, which de-centralised tasks into small teams, demanded that FOs diversify in several procedures. This structure created an artificial situation of understaffing in many FO teams. Many colleagues suffered from demotivation and reported higher stress levels. The current pilot project on centralisation of international phase procedures is an initiative that can improve this situation.

Feedback so far received is very promising. A proper evaluation of the outcome of the pilot project together with a transparent timeline and proper planning is a must.

As to creating a proper framework for FOs in general, it is important that management finds a long-term strategy and acknowledges that the expertise and work of FOs contributes as much to the quality of the end-product as does the work of examiners.

A reliable structure for knowledge transfer and succession planning for procedure experts will ensure that quality is maintained and it might offer new career prospects to FOs.

The Central Staff Committee

Useful links about the vacancies: ● http://my.internal.epo.org/portal/private/epo/work/jobmarket/?WCM_GLOBAL_CONTEXT=/epo/intranet/work/jobmarket/vacant_positions/2020/1594312877350_formalities_officers_in_ocfd_the_hague_or_munich_ ● https://epotv.internal.epo.org/portal/recording/0394aad4-d9b8-4e00-95eb-facad59a9c7f


For the time being it remains to be seen what will happen with this pilot. We already saw some highly notorious pilots that reduced patent quality.

Recent Techrights' Posts

Microsoft Windows Falls to 19% in Congo, Only About 1 in 8 Windows Users (or 2-3% of Web Users) Are on Vista 11
The estimated share of Vista 11 fell sharply this past month
Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
 
Another Case Study Regarding Edge's Death
people adopt Chrome and a lot more people use obscure browsers than adopt the latest Edge
[Meme] A Question of Interests
'The Internet? We are not interested in it.' -Bill Gates, 1993
In the Romanian Browser Market, Microsoft is the 2% (Edge Down to 2.3%)
the Wintel era has ended
Gemini Links 17/08/2024: Selfishness and Offline BBSing
Links for the day
Frans Pop & Debian Day 2024: 31 years of deception and modern slavery
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 16, 2024
IRC logs for Friday, August 16, 2024
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024