Bonum Certa Men Certa

When You Replace 10,000 Euros Per Month Patent Examiners With 2,000 Euros Per Month Patent Examiners...

Video download link | md5sum 543d032cd85ded59197ef1a8f064fdf0



Summary: The patent quality crisis at the EPO is related to the recruitment crisis; the EPO rapidly loses a potent patent examination workforce, which it is unable to replace, quite likely by intention

In an "[a]rticle originally written and published by SUEPO Munich," according to insiders, we're clearly seeing a problem that should be widely understood. It is a problem we've long spoken about -- namely inability to attract suitably-equipped patent examiners to study applications for a monopoly. Here is the publication, which is dated 2 years ago but is still very relevant (probably even more relevant now than back then):



25.11.2019 su19026mp – 0.2.1/4.2.1/4.2.2

EPO salaries – hiring for excellence



Mr Campinos, supported by the Administrative Council, seems determined to lower salaries and other benefits at the EPO. This raises the questions: why are the salaries and benefits as they are and should they be lowered? This publication tries to give some answers.

Requirement for recruitment at the EPO Article 5(1) of our Service Regulations sets out the requirements for recruitment at the EPO: “Recruitment shall be directed to securing for the EPO the services of employees of the highest ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of the Contracting States.”

I. Highest ability and efficiency – Language skill and technical knowledge For all employees at the EPO “highest ability” includes language skills: internal and external communications can be in any of the three official languages. For many of us that means the knowledge of three foreign languages in addition to our mother tongue (and Dutch in The Hague). It is obvious that the “highest ability and efficiency” comes at a price.

II. Broadest geographical basis – recruitment from all member states The requirement that staff be recruited “on the broadest geographical basis from among nationals of the Contracting States” also has an impact on the EPO salaries. This requirement is common to most, if not all international organizations (e.g., UN1) and early on led to the formulation of the so-called Noblemaire principle2. Application of this principle has been consistently supported by ILO-AT until nowadays3: “The Noblemaire principle [...] embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest.4

III. Integrity According to Article 14a(1) of the Service Regulations, an EPO employee is further meant to “carry out his duties with integrity and loyalty, and conduct himself solely with the interests of the Organisation in mind. He shall neither seek nor take instructions from any government, authority, organisation or person outside the Organisation.” A pay that is perceived as a fair reward for the high performance and a permanent post, i.e. the prospect of a future within the EPO, help maintain a high level of integrity.

__________ 1 The UN obey the Noblemaire principle, which is binding on any organization that belongs to the UN system (here). 2 From the name of the Chairman of a Committee of the League of Nations (1920). 3 Noblemaire principle at the ILOAT (here). The ILO-AT recently re-affirmed the principle in Judgment 4134 (consideration 11). 4 see Judgment 831 (consideration 1)




Patent examiners – a special case Patent examiners are among the better paid civil servants in many countries5, at least in those countries that take patents seriously. Why should this be so? One is that whenever a new technical field emerges, the patent office finds itself in direct competition with industry for the relevant technical experts. In order to be successful in recruiting such experts, a patent office thus has to offer attractive working conditions.

Another reason for the relatively high level of pay of patent examiners lies in the nature of the job. Searching and examination require a very high level of technical training (engineering or university level). The work further has a strong legal component, in the EPO additionally requiring – as pointed out above – considerable language skills and for many the willingness to leave their home country. The EPO is therefore looking for the rare proverbial “eierlegende Wollmilchsau”.

Is the EPO already in breach of the Noblemaire principle? Let us recall that the Noblemaire principle requires the EPO to set its salaries at a level “that will draw and keep citizens of countries where salaries are highest”. A glance at the latest recruitments listed on the EPO intranet shows that already today the EPO is struggling to attract new staff from across all its member states. The conclusion must be that the Office is breaching the Noblemaire principle and should adjust staff pay upwards, not downwards.

Cui bono? There seems little doubt that jobs at the EPO have become much less attractive in recent years. Mr Battistelli reduced the recognition of previous experience, lowered the starting salaries, introduced 5-year contracts and strongly curbed career progression within the job. Flattening of the hierarchy in the patent administration and patent examination areas virtually eliminated the prospects of a managerial career in DG1. Mr Campinos now foresees further cuts.

ILO-AT has criticized organisations for reducing salaries purely in order save money, see e.g. Judgment 3921 (consideration 11): “While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff’s expense is not by itself a valid reason for departing from an established standard of reference [...].” So the Office needed a justification to attack salaries and paid for a controversial report which it then interpreted as negatively as the report allows, and added a two billion euro buffer on top.

EPO staff are dedicated and intelligent. They are perfectly able to recognize a true financial emergency and – if such an emergency occurred – would without doubt be ready to make sacrifices to get the EPO through the crisis. However, they see through the current fake crisis. Note that last year Mr Battistelli still claimed that he had made the EPO fit for the future. So let us suppose that as the years pass it transpires that it was never necessary to save 5.8 billion euro. What will the Office do with all the extra money? Perhaps find a mechanism to give a considerable portion of it to the member states, the member states that sit on the Administrative Council and are the ultimate decision makers in the European Patent Organisation?

What the delegates and Mr Campinos seem to forget is that its highly trained and (until recently) highly motivated staff are the only real asset that the Organisation has. So again: rather than cutting staff benefits, the Organisation should invest in staff in order to be fit for any future crisis. Not investing in staff risks killing the goose that lays their golden eggs6.

SUEPO Munich

_______ 5 USPTO Examiner brochure 2018 (here) 6 Governance of the EPO: https://www.suepo.org/public/ex104034cp.pdf


The video discusses the ramifications for Europe, which is simply being 'sold' piecewise to monopolies from other continents.

"What good is a patent office incentivised to just grant as many patents as possible irrespective of their quality and their compliance with the underlying laws?"Sadly, the EPO as a whole got compromised, and this goes well beyond the examination division. The Office nowadays controls the whole Organisation, which was supposed to oversee the Office. Even the courts are controlled by the Office.

As someone put it the other day, expressing concern about the independence of judges (BA): "It is a disgrace that the AC [Organisation] does not any longer controls the office and its president."

Here's the full comment:

It is farcical to see the president of the BA and the president of the EPO signing a MoU. One should not forget that the former only has the powers delegated to him by the latter. The chair of the BA has to approved by the president even if he appointed by the AC. The day the BA can forward their budget request directly the AC we will be able to see a beginning of perception of independence. But it still remains that the conditions of reappointment have never been published. Only a proper reform of the statute of the BA without any possibility of the president to interfere with the working of the BA will the BA be fully independent. In 2004 an opportunity was sadly missed. As far as the return to Munich is concerned, the person responsible will never have to support the costs implied. The users and the staff are footing the bill. But what can you do when immunity means impunity. And the tail is wagging the dog. It is a disgrace that the AC does not any longer controls the office and its president. But the cooperation budget is in good hands.


What good is a patent office incentivised to just grant as many patents as possible irrespective of their quality and their compliance with the underlying laws?

Recent Techrights' Posts

Lovers and Haters
Always beware hate preachers and demagogues (or how they frame issues or whose fault they distract from)
Punching People Doesn't Work
It makes nobody any safer
This is How Microsoft's XBox and Entire Consoles (If Not Gaming) Ventures Will Ultimately Die
Ensure you can blame "Tariffs" (politics)? If not "hey hi", the fashionable go-to excuse when businesses fail?
 
Microsoft 'Secure Boot' and Shim as Barrier or Obstacle to New GNU/Linux Users Trying to Escape Microsoft
Just as intended all along
Focusing on What People Have in Common Instead of Killing and Cancelling One Another
Men and women of both "wings" stand to gain a lot by working together on common interests
'Cancel Culture' Isn't About Enforcing Ethics (and It's Done by People on the Right, Not "The Leftists")
Smarter folks would leave social control media
Russia's Attack on Europe (and NATO) Will Worsen Censorship and Corruption in Europe
Can we still debate issues that predate the invasion of Crimea?
Lawyers Should Permanently Lose Their Licence (and Worse) for Using Chatbots in Legal Work
They not only waste people's money and time. They pollute the literature with falsehoods. They commit perjury. [...] Brett Wilson LLP sent the Judge nearly 1,000 pages of material (mostly mine, copied without proper permission) shortly before a short Hearing, which lasted less than an hour
GAFAM and MATA (Mythical, Metaphor) as Explained by analognowhere.com
They're instruments of suppression that sponsor the oppressor
We've Already Mentioned Who Nowadays Funds Garrett's SLAPP Against Us (Not Garrett), Let's Examine Who Sponsored His Litigation Partner (Other Than Microsoft Salaries There's a Buddy of Bill Gates)
it's alleged that the Serial Strangler from Microsoft got money from him
Florian Müller: Using Software Patents to Attack Software Developers, Agitate Against Patent Reform
He also promotes attacks on the German Constitution and laws
Reliance on Typepad Seems to Have Doomed the Voice of Software Patents and Patent Maximalists in PatentDocs
Follow the money
UEFI 'Secure Boot' is Potential Mayhem to the Environment (Older and Leaner Distros Stop Working)
creating new problems, disguised as "solutions" to problems that do not exist
Sometimes 'Cancel Culture' Backfires Badly
There's no such thing as "too much" coverage
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 24, 2025
IRC logs for Wednesday, September 24, 2025
Links 25/09/2025: Jimmy Kimmel Returns to Air (With Limitations) and London Stansted Airport Latest to Have Incident (Fire)
Links for the day
Slopwatch: Fake Articles, SPAM With Slop, and Google News Directs People to Read Slopfarms
why does Google News insist on still linking to prolific slopfarms?
Gemini Links 25/09/2025: New Game for Gemini Protocol, Eleven, and Network Solutions Woes
Links for the day
Look Ma, No "Cloud"
So far this year we've had an almost perfect uptime
Links 24/09/2025: Autism Blame-Shifting and Typhoon Ragasa Enters China
Links for the day
Buying From Oneself is Not Business Success
This isn't at all a joking matter even if you already laugh at the whole thing because your pension, savings etc. are tied to this scam at some level
What They Really Hate David Heinemeier Hansson (DHH) for
Nothing to do with code
Smart People Won't Buy 'Smart' Cars
Imagine trying to sell someone a house (proper home) while insisting that it'll need to be demolished 5 or 10 years later, then rebuilt again from scratch on the same vacant lot
The Relationship Between IBM Red Hat and Microsoft, Visualised
This metaphor goes a long way (projects, collaborations, and outsourcing
The Complaint About Brett Wilson LLP - Part III - Spying on Reporters' Families, Chaining Cases for Microsoft Employees Who Demand Censorship of Facts (Even Politely Expressed)
the time seems right to wrap up this introductory series
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Cloudflare Gives Us All Another Reason to Boycott Cloudflare
If Cloudflare wants to use its vast surveillance network (which is what it does as a CDN) to foist paywalls and maybe something worse (like DRM on top), then Cloudflare should be more widely rejected as a company
Links 24/09/2025: "NASA Moving Out of Entire Buildings as It's Gutted" and Purge of Online Critics (Opposing Fascism Becomes Unlawful)
Links for the day
Science is Under Attack
Oligarchy prefers a dumbed-down population
Someone Expiring Certificates on the Day of the 9/11 Attacks is Not Someone I Would Want Controlling My PC (or Deciding What's Authorised for Booting)
"social justice warriors"
The Solicitors Regulation Authority (SRA) Has Reportedly Failed People With Wrong Advice
At the moment the SRA has a PR blunder
The Man Suing Brett Wilson LLP and Gervase de Wilde (5RB)
Now he's probably using the (almost) 200,000 pounds he's supposed to receive to sue Brett Wilson LLP and former colleagues/partners
More Microsoft-Red Hat Cross-Pollination as the Company Loses a Managing Director
some people move from Microsoft to Red Hat and some do the opposite
Slopwatch: A World Wide Web That's Rotting for Companies That Won't Even Exist in a Few Years
some of the junk Google News is promoting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 23, 2025
IRC logs for Tuesday, September 23, 2025
Links 24/09/2025: Qt Creator 18 Beta, Microsoft Cannot Bail Out "ChatGPT" Anymore, China and US Intensify Censorship
Links for the day
Gemini Links 24/09/2025: Gemlogs and Politics
Links for the day
Links 23/09/2025: Japan Limits Uses of Skinnerboxes ('Smartphones') With Toxic "Apps", Fentanylware (TikTok) Tapped by "MAGAts"
Links for the day
Brett Wilson LLP Has Just Been Sued (by Their Own Clients!)
Vladimir and Alla Yanpolsky sued Brett Wilson LLP in BL-2025-001167 at the end of last week
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights