Bonum Certa Men Certa

As Core Issues Still Not Addressed, Another Protest Against EPO Management Scheduled for Tomorrow in Munich, Germany

EPO protest



Summary: On Thursday (tomorrow) yet another demonstration is organised in Munich, less than a week ahead of the UPC decision (May 5th)

The EPO's corrupt management is not off the hook. No solution has been reached. Last week we wrote about the EPO's management which was trying hard to appease its critics ahead of May 5th. We did wonder why so much momentum had been lost when it comes to opposition, but as it turns out, based on this announcement [PDF], staff will march to the Dutch embassy tomorrow, knowing that Dutch politicians are already aware of the issues and may take serious action (among other reasons, including the role of the Dutch branch and the court at the Hague). This was only announced two days ago (far shorter a notice than before), which limits Battistelli's ability to threaten staff which 'dares' to exercise the right to protest. Here is another take on it.



"I don't know if you went on this webpage lately," wrote someone to us, "but some other articles than the one from "Le Monde" concerning the office are available [...] some translated [into] English."

El Pais (the Spanish newspaper) wrote about it [PDF] and so did Ingeniøren (Danish website), which published a piece [PDF]. "An article about the French management in France Telecom," says our source, "a case more and more similar to the EPO," was published here [PDF] by SUEPO.

Here is the English translation of the article from El Pais:

The “Happy Office” goes on strike



Staff at the EPO, the European patent authority, which employs 7,000 people, is declaring war on its President after 40 years of happy existence

Miguel Ángel Noceda Madrid 19 APR 2015 - 00:10 CEST

It is the authority on which all the patents of European companies depend. More than 7,000 people work there, highly qualified people from a range of European nationalities, making it the second biggest inter-governmental employer in Europe. It is almost 40 years old, and its employees have passed that time in a calm and peaceful organization, with the assurance of support from staff who are well paid and enjoy enviable conditions.

But it is an organization which is also little known. This is the European Patent Office, the EPO, and behind this happy façade a crisis is brewing which is putting the employees on a war footing, due to the “dictatorial attitudes” of the President, Frenchman Benoit Battistelli, with the consent of the Board of Administration, which represents 38 European states (those of the EU plus others not in the Community).

The EPO was founded in 1977 by way of the European Patent Convention. Its tasks consist of examining the applications, which, if granted, come to be known as “European Patents”. Headquarters are in Munich, although there are also three outposts, in The Hague, Berlin, and Vienna. It is the second largest body in Europe, in terms of budget and number of employees, after the Commission in Brussels. The Office, which in 2014 dealt with 274,000 applications, is financed by the income from the patents.

It benefits from extraterritorial status, which allows it to make its own rules when it comes to taxes, social security, and pension schemes. It does this with the International Labour Organization (ILO) as supervisor. In other words, it’s a happy world, where the employees earn an average of 5,000 Euros, and have medical and family benefits into the bargain.

But in the view of the majority union Suepo (acronym for the Staff Union of the European Patent Office), to which 50% of the workforce are affiliated, this whole world could come crashing down thanks to the decision adopted by Battistelli, a long-standing French official aged 64, and graduate of the prestigious National School of Administration (École Nationale d’Administration – ENA), who came into office in 2010 and was ratified last year for another mandate period.

Suepo have denounced Battistelli for cutting back the employment rights of the staff members, abusing the judicial immunity which the organization enjoys, and having created a stifling and intolerable environment. According to the employees, who have raised the issue before the courts by way of French attorneys William Bourdon and the Spanish Ledesma y Asociados, Battistelli has at no time consulted the representatives of the personnel when it came to putting his reforms into effect. And they also accuse him of taking reprisals.

The union accuses Battistelli of having changed the rules, and of having made it “impossible” for a decision to be reached internally. The list of accusations which has accumulated during his time in office is a long one, and significant: Refusal to recognize the union representatives as the legitimate representatives of the staff, and proposals for changes in the structure of employee representation; installation of filters to block internal E-mails; censorship of internal publications; introduction of rules whereby an employee can be investigated without the need for them to be advised of this beforehand; change in the rules for calling strikes, in such a way that this now requires a petition to the President signed by at least 10% of the workforce, and a minimum participation of 40% in order to be quorate.

As well as this, the unions accuse of Battistelli of not having allowed an investigation into the causes of the suicide of an employee at his place of work, and of isolating the members of the staff who have suggested that the management bear responsibility in this suicide. And they add that he has systematically refused to follow the recommendations of the Internal Complaints Committee.

In the light of all this, they are petitioning the European Commission, which already holds a majority of representation on the Administrative Council, such that, “if they wish to take seriously the use and promotion of the Unitary Patent”, a policy be instituted which will be sufficient to settle the conflict “by means of the introduction of policies of consultation and negotiation, and not of repression and intimidation”.


Here is the English translation of the article from Ingeniøren:

EPO: the image’s feet of clay are crumbling



By George Brock-Nannestad 10 Feb 10:46

IDA chairperson Frida Frost came to the following conclusion about the future Patent Court in Ingeniøren on 12 May 2014, before the referendum:

“... And of course small businesses must safeguard their inventions with a patent. There is no reason to stand idly by, waiting to see what will happen in practice under the new collaborative system. Conversely, it makes complete sense to enter into the unitary patent on a level playing field and to be able to influence collaboration as much as possible to optimise this. Not least for the sake of small businesses.”

The way things look at the moment, small businesses in particular will suffer hugely in the slightly longer term because the foundations of the unitary patent and the Patent Court are rotting away.

Right now there is a very unfortunate development at the only subcontractor of unitary patents, i.e. the European Patent Office EPO. Up until now, this development has been the concern of specialists: patent attorneys and judges, as well as case handlers – the highly educated patent specialists who work at the EPO. In recent months, they have been so frustrated about the consistent erosion of their ability to do a good job that they have been out demonstrating in Munich, where the EPO has its headquarters. The most recent demonstrations ended at the Danish consulate in Munich, because the president of the EPO’s Administrative Council, the highest responsible authority, is a Dane.

I cannot at this juncture provide a course on patents with a view to explaining in depth where the problems lie, but I can cite some principles. There are a few blogs online where discussions are ongoing, and the most professional one is http://ipkitten.blogspot.dk. Try a Google search of <"administrative council" ipkitten>.

As stated, there are two independent problems which will have the combined effect of degrading legal certainty.

One problem is inherent in the actual basis from 1973 and 2000, the European Patent Convention (EPC). All countries have a Board of Appeal associated with the patent system – in Denmark, it is Ankenævnet for Patenter og Varemærker (the Patents and Trade Marks Appeal Board). Anyone who is dissatisfied has two instances to approach. However, if the EPO rejects a European patent application, that leaves only one independent instance, i.e. the Board of Appeal. That is the “asymmetry flaw” when it comes to the EPC.

The EPC emphasises that the Board of Appeal should be like a court, independent of the administration, precisely because it has to determine whether the administration is in error. And, if anyone is unhappy about the Board of Appeal having upheld the approval of the European patent application, then in each country where it has been validated, it is possible to conduct an opposition proceeding against the now national patent. Once the Patent Court is up and running, it will be possible to conduct an opposition proceeding there, and thus impact all Member States in one go. In other words, an error at the Board of Appeal is not the last word when it comes to approved patent applications.

For more than a year, the Administrative Council of the EPO, at the instigation of the president (actually outside his remit), has been making plans to subjugate the Board of Appeal directly to the management of the EPO. Going forward, the EPO Service Regulation will also be applicable to the Board of Appeal. The Service Regulation places fixed constraints on staff conduct, and the extension of appointment of Board of Appeal members and any promotions will now become contingent on performance. This has led to strong protests from judges at courts and patent courts throughout Europe. They are frankly appalled that it is possible to force through suspension of the independence of the Board of Appeal.

There will no longer be even one independent instance for a company that fails to get its European application approved. That amounts to serious prejudicing of rights!

The other problem is that the case handlers are being given less and less time to process cases because they are required to meet purely arbitrary production targets to make savings for the EPO. Those savings will not result in lower charges. It could be said that, going forward, case processing will become rather perfunctory. In other words, neither the applicant nor any competitors will be able to assess whether any right granted will be fit for purpose or something to be wary of. The case processors, who are specialists in their field, have used every means at their disposal to protest about this.

It is now being suggested quite seriously in professional patent advisory circles that clients should be advised to avoid the EPO (and thus the unitary patent) entirely and apply nationally, the way things were done long ago, before 1978. Things have become much easier today, partly because many countries now accept submissions in English, which in some countries then have to be translated into the local language by a later deadline. But that is tantamount to declaring the bankruptcy of a system that has had so much invested in it since 1978.

The entire EPO system is now run by a group of self-perpetuating, incestuous officials who are far more adept at manipulating the system than politicians imagined. Unfortunately, the president of the Administrative Council is a Dane who, back in the day, arrived with great words about setting up pan-European collaboration in order to reduce the bulge of applications, whereby some of the case processing for European patent applications would be done by the national patent authorities as external suppliers. It really makes you wonder why he has moved from this open policy to an extremely closed one, complicit in the president’s manipulation.

A subcommittee of the Administrative Council, known as Board 28, will be presenting a proposal on Wednesday regarding the future administration of the EPO, and the Administrative Council itself will adopt this at an actual Administrative Council meeting in March. There are no channels for arriving at a dialogue or for influencing the Administrative Council, except if the ministers with responsibility in the individual Member States take the matter up. Unfortunately, however, the five-yearly ministerial meetings prescribed by the EPC have never taken place! And the planned diplomatic conference, designed to modify the EPC in line with lessons learnt from how it has been working up until now, has been taken off the table.

Why should users have the wool pulled over their eyes? Why should the European patent system of the future be degraded?


"Among the some interesting blogs and websites," said our source to us, there is this item from the pro-patents site IAM. It says that "transparency and independent oversight look unattractive for many that work inside IP's major institutions. Such reactions are understandable among people who, like most inside the IP world, entered the field when it had a very different, much lower profile. Nevertheless, I am afraid, that's the way it has to be. We cannot hold off on doing the right thing because it discomfits certain people and interests. IP is too important for that."

The problem is not only transparency, there are much more severe and far worse problems than that. Staff of the EPO is not going on strikes and protests because of lack of transparency. That's just a convenient straw man of EPO apologists.

Recent Techrights' Posts

Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
"Major [IBM] Reductions Will Take Place Soon in Rochester MN"
Maybe that's just the latest office gossip
 
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Gemini Links 23/12/2025: Hydraulic Pressure Balance amd mercury://
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”
British Web Developers Can Probably Ignore Firefox Users (Based on US Standards)
Mozilla has managed to piss off enough people
On the 'Digital Gulag' of 'Secure Boot' and Microsoft Disguising Its Attacks on Users as "Security"
Dr. Andy Farnell has this new article
Slopfarms Can Only Survive in Google News, Which is Still Promoting Them
Google News promoted only 3 slopfarms today
Gemini Links 22/12/2025: Films, Creativity vs. Consumption, Slop in YouTube
Links for the day
Microsoft XBox Losing Money, Layoffs and Studio Shutdowns (As Well as Price Hikes) Not the Solution
Microsoft does not quite talk about profits
Links 22/12/2025: Data Breaches, deterioration in Politics, and Geminispace
Links for the day
Links 22/12/2025: North Korean Applicants Target GAFAM (Amazon), ‘Orwellian Climate of Fear’ of CPC (Even Outside China)
Links for the day
More IBM Layoffs in India
It's not as simple as "laid off to be replaced by an Indian"
GAFAM Deeply Connected to Jeffrey Epstein, Richard Stallman (RMS) in No Way Connected to Jeffrey Epstein
people who hoarded all the capital get to decide what people think and say
Linus Torvalds Has a Birthday This Coming Weekend, Thankfully He Still Controls His Main Project
GNU and Linux should remain under their control as long as they live
Mozilla is Getting Attention for All the Wrong Reasons, Take a Look at LibreWolf
Just last week Mozilla added a new top-level manager who (as usual) came from a "tech giant"
When Conformism Means Capitulation and Defeat
In an age of injustices like these, we all have some kind of moral obligation not to be conformist.
Text is Still King
But the so-called 'industry' insists that we should download 10 MB of objects from multiple domains... even just to read 5-10 paragraphs of text
Links 22/12/2025: Facebook "Testing $14.99 Monthly Subscription Fee to Post Links" and "Middle East Petrostates as American Media Owners"
Links for the day
Beyond the World Wide Web (WWW)
We continue to treat Gemini Protocol as a first-class citizen
Serbia: GNU/Linux Rises, Windows Down to All-Time Lows
According to statCounter
"Wrestling With Pigs"
"Never wrestle with a pig. You both get dirty, and the pig likes it."
Productive Year and Better Access to Techrights' Archives Going Back to 2006
we've long needed and wanted native, local, independent search facilities
Linux Abandoned by Linux Foundation
It speaks for Microsoft and for so-called 'AI' companies
Microsoft Has Practically Given Up on XBox Already
Expect many XBox related layoffs when 2026 starts (Q1)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 21, 2025
IRC logs for Sunday, December 21, 2025
"Today's [Red Hat] is run by a cabal of vultures."
it seems safe to assume Red Hat too will languish away
Microsoft Layoffs in 2026 Can be Bigger Than 2025 Microsoft Layoffs (30,000+ Workers Laid Off)
"Is there going to be any reorg or Microsoft layoffs?"
Gemini Links 21/12/2025: Solstice, Chaos of CSS, and Program Interpreter Fun
Links for the day
The Free Software Foundation (FSF) Represents People, Not Corporations
FSF isn't in the "business" of appeasing oligarchs
Why?
Why write articles?
Microsoft-Connected Publisher Spinning XBox's Death Spiral (It's Dying Fast) as a Strength and Something Deliberate
"Microsoft’s big gaming pivot"
Slop is Rare by Now
A year ago slop was so abundant that we did a whole series about it, and it was daily
Links 21/12/2025: U.S. Strikes in Syria, "Epstein Files Photos Disappear From Government Website"
Links for the day
Gemini Links 21/12/2025: Labrador Retriever of Lagrange's Developer Dies From Cancer, Political Philosophy, and "Getting to Inbox Zero"
Links for the day
IBM: We Can't Make 'AI' (Voice Recognition) Do the Work of a McDonald's Teenager, So Let's Try the Same on Saudi Planes
IBM is lost. It's truly lost.
Microsoft is Becoming Irrelevant: The Case of Georgia
Not Georgia Tech
Sirius Open Source is Now Imminently Dead (Struck Off)
compulsory strike-off
Dr. Richard Stallman, Invited by LibreTech Collective, is Giving a Public Talk in Georgia Tech Next Month (Scheller College of Business)
They can probably squeeze about 400 people into this room
25 Years of Activism for GNU/Linux
My passion for GNU/Linux brought a lot of contentment
Africa, Where Microsoft Used De Facto Slaves to Pretend to be "AI", Chatbots Usage is 0.2% of Measured Online Traffic
Judging by recent trends in Africa, many "Windows PCs" are being converted into GNU/Linux computers
New Drone Footage Shows IBM is Dead (Parts of It)
The people who participated in IBM when IBM actually mattered probably have boasting rights, unlike people who work for IBM today
Michael Larabel Adds Slop Category to Phoronix, Quickly Realises That It's Worthless
Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)Phoronix nowadays gets carried away; it made a new category to talk about slop and it decided to call it "intelligence" with some caricature of a brain (that's misleading)
After 35 Years the World Wide Web, HTML, and HTTP Are Proprietary
HTTP/2 added a lot of complexity (it's just a Google protocol, based on SPDY originally), many image formats are proprietary and patented, HTML got 'replaced' by Java-Scripts [sic], and many URLs (the URL system was created in the early 90s) are just long strings for proprietary 'webapps'
The General Public License (GPL) Inspired the Web's Original Openness/Freedom, According to Tim Berners-Lee
"During the preceding year I had been trying to get CERN to release the intellectual property rights to the Web code under the General Public License (GPL) so that others could use it."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 20, 2025
IRC logs for Saturday, December 20, 2025