01.01.21

Gemini version available ♊︎

New Leak: Today’s EPO Breaks Its Contract With Former Staff of the EPO, Not Just Existing Staff

Posted in Europe, Patents at 10:17 pm by Dr. Roy Schestowitz

UK Pensioners Referendum; Work a lifetime for the EPO; Only to be lied to (about its financial state)

Summary: António Campinos, the EPO‘s current president, robs old people who had made the EPO what it was before rogue management grabbed its reputation and started milking it to death (for personal gain of that rogue management)

“SAP” is the name of a large German company. But SAP is also a deliberately misleading acronym that’s (mis)used to take money from EPO staff, including past staff. Pensioners, who already enjoy their EPO pension (which they deserve; this is what they signed up for), are badly affected, but almost nobody bothers mentioning them. EPO scandals are, in general, scarcely and rarely mentioned in the media (here and elsewhere). What a tragedy. Not only for the EPO but also for media, which tragically supports the oppressors.

“The requirements have long been steep, including fluency in at least 3 languages and extensive scientific background (for examiners).”We occasionally hear from people who are dissatisfied to see where the EPO is headed. Existing EPO workers barely or rarely sense like they can rely on their promised pensions, seeing that the employer is circling down the drain or going right into an ashtray of history.

Man's best friend“Per definition,” a source reminds us this week, “pensioners have contributed their whole life to the success and wealth of the EPO.”

Some people have worked for the EPO for as long as 4 decades (sometimes slightly more). The EPO is literally their entire professional life and legacy.

Our source asks aloud: “How does the model of an international organisation reward them?”

We examined this before in the context of letters issued and signed by Chairman of the EPO Pensioners’ Association, Curt Edfjäll.

The pensioners aren’t being greedy. They’re entitled, contractually, to what they receive.

As Ryan has just put it in our IRC channel, “the rich like to say “entitlements” as a slur. Like, “These people think they’re entitled to something”…”

“Actually,” our source notes, “they couldn’t complain so far as they received very decent pensions benefits, health insurance etc…”

Hey, it’s not like anybody can apply and then work for the EPO. The requirements have long been steep, including fluency in at least 3 languages and extensive scientific background (for examiners). Of course this has not been the case for years, as few bother applying for an institution which barely hires anybody and few wish to work for anyway.

Regarding benefits to EPO pensioners, remember there’s an obligation inside contracts. Nothing can take that away. “That is the package they agreed upon when entering the office some 20, 30 or 40 years ago,” our source reminds us. “Well, what do they get now with the SAP? Does it have consequences on pensions? Yes, it does indeed and there is no reason to rejoice: they get less, even if the SAP is unacceptable to active staff, pensioners get lesser than less.”

The pension ageIt’s often said that inflation is a form of hidden tax and the EPO needs to take that into account when calculating compensation rates, including pensions. A thousand euros (or Francs) 30 years ago isn’t the same as what it is today (the currencies have changed and cumulative interest rates did too).

“The Pensioners association sent a letter to the EPO administration,” our source notes, “and received an answer from Nellie Simon (what a sweet name). Her answer adds insult to injure. Do we have now a second Elodie Bergot?”

“Here the letter from the pensioners’ association,” our source shows. It’s not vastly different from its letter which was shared last year by EPO staff representatives and even circulated among delegates (the Administrative Council).

It is reproduced below in full:

Subject: Comments by the Association of EPO Pensioners on CA/66/20,
“Adjustment with effect from 1 January 2021 of salaries… and of pensions paid by the Office.”

With CA/D4/20 the Administrative Council approved the new methodology for adjustment of salaries and pensions. Article 10 of CA/D4/20 reads: ”Any positive adjustment resulting from the application of Article 9 and carried forward after three annual salary adjustments will be paid out to employees as a lump sum in proportion to the basic salaries and allowances they received over the three-year period.”

With document CA/66/20 the Office is now presenting the results of the implementation of the methodology from the decision of CA/D4/20. The Association has only recently been made aware of the existence of CA/66/20 and of the negative and unequal effects it will have on pensioners in comparison to active staff.

In point 24 of CA/66/20, the Office presents the excess adjustment not applied in January 2021 for the four countries in which the Office employs staff. CA/66/20 does not specify which excess adjustments have not been applied in countries where EPO pensioners use the salary scale of the country in which they are resident. CA/66/20 states that the remaining balance is carried forward to a redistribution pool which will be used in next year’s adjustment and for a potential one-off payment after 3 years of application of the salary methodology.

The Association has on several occasions asked the Office for explanations as to how the redistribution pool works for pensioners. Only by mail to the Chairman of the Association dated 7 December 2020 did the Office clarify that although the mechanism of excess adjustment is applied to pensioners, the lump sum will not be paid out to pensioners at the end of the 3-year period. I quote from the mail from VP4: “Any remainder of the carried forward adjustment will be paid as a lump sum only to employees in return for their active contribution to the Office’s success in these difficult times.” I wish to recall that today’s pensioners have all also contributed to the success of the EPO and should therefore not be treated unequally to active staff.

VP4 further states: “the principle of equal treatment has been respected.” It is evident that this is not correct. By not according any payment from the redistribution pool to pensioners, there is no equal treatment.

It is thus clear from the Office’s statement above that the Office intends to use the redistribution pool as a kind of bonus payment for active staff, which was certainly not the intention behind the new methodology. However, any money in the redistribution pool resulting from the excess adjustment applied to pension payments will not paid out to pensioners although this money has been taken from their pension payments.

EPC Article 33(2)c states: “The Administrative Council shall be competent to adopt or amend the Pensions Scheme Regulations and any appropriate increases in existing pensions to correspond to increase in salaries.”

The proposal to implement the new methodology so that pensioners do not benefit from the payment of a lump sum at the end of the 3-year period is thus in contradiction to the EPC itself and constitutes an unequal treatment of pensioners compared to active staff.

The Association assumes that the Administrative Council was also not aware of the way the Office intends to apply Article 10 of CA/D4/20 and its negative effects on pensioners.

The Association therefore respectfully requests the Administrative Council to instruct the Office to apply EPC Article 33(2)c correctly so that also pensioners will be given treatment equal to that applied to active staff such that the pensioners will also benefit from a lump sum payment.

Curt Edfjäll
Chairman of the EPO Pensioners’ Association

Click to see CA/66/20 and to see CA/D_4/20

“Sweet Nellie,” says the source, had the audacity to issue some self-serving waffle. “Here’s the answer from the administration,” the source notes:

The reply below was received from the Office on 7 December 2020.
To see the message sent by the Association on 2 December 2020 click here.

Dear Mr Edfjäll

Thank you for your message.

In June 2020, the Administrative Council has adopted a series of measures to address the coverage gap identified in the financial study 2019. The new salary adjustment procedure is one of these measures. It was designed to curb the evolution of the Office’s expenses while ensuring a fair and transparent approach distributing the effort evenly between all stakeholders, including pensioners.

As you correctly pointed out, the new salary adjustment procedure foresees that both employees and pensioners will benefit from the yearly adjustments of the scales generated by the new method. In that respect, the Office would like to emphasise that the scales will be as much as possible adjusted up to the applicable ceiling using any previous adjustment carried forward from the previous years. Indeed, it is expected that the effect of the new sustainability clause (article 9) will be to smooth the inherent volatility of the underlying methodology. However any remainder of the carried forward adjustment after 3 years will be paid out as a lump sum only to employees in return for their active contribution to the Office’s success in these difficult times.

It follows that pensioners will receive what is rightfully owed to them, i.e. pensions adjusted on the basis of the new adjustment method adopted unanimously by the Council. It is also worth emphasising that pensioners, like active staff, receive full benefit from the nominal guarantee clause: a clause which guarantees an “over-payment” when compared to the results of the procedure. In fact, more than 30 pensioners in Switzerland have been benefitting from this measure for 10 years now.

The exceptional events of this year show that the chosen scenario, at first criticised for being too conservative, is fit for purpose, i.e. to the Office’s needs and environment.

In brief, the Council adopted a suitable method that shall be implemented as it stands and the principle of equal treatment has been respected [given the obvious factual and legal differences between employees and pensioners].

In any event, the overall impact of the new method will be assessed as well as the financial situation of the Office with the possibility to adjust the method for the next cycle, if needed.

Best regards

Nellie Simon

Vice-President Corporate Services

“The exceptional events of this year,” Nellie Simon says.

Here’s why nobody should buy that excuse (or pretext) of Simon. The key reason: This whole “SAP” scam predates the pandemic, but that pandemic is now retroactively being used (exploited) to justify a robbery while gambling money away, spending that money in a fashion now proven to be vastly worse than risky (economies collapsing, homes foreclosed etc.). This is far from the only instance where “COVID” is used to justify EPO illegalities of all sorts.

They literally rob pensioners to feed a gambling habit in which workers shoulder the losses/risks while a few criminals who abducted the EPO’s treasury pocket all the benefits, shielded by the Commission through Benoît Battistelli‘s friend.

Given that the EPO has responded (no good excuse for ripping off old people in a time of crisis), the response deserves scrutiny. Speaking of the Commission’s cover-up, a German reader wanted to pass along some information regarding Thierry Breton’s “misguided protectionism and lobbyism” and to quote:

The part about the EU Commission, under French pressure (which must have involved Breton for sure, as he’s the French commissioner), being responsible for many people dying now as they haven’t procured enough doses of COVID-19 vaccines, is really bad stuff.

Der Spiegel and Focus are the two leading newsweeklies in Germany. Spiegel is center-left/liberal; Focus is center-right/libertarian. If they agree, it means something. And especially Spiegel is typically very much pro-EU.

The current French administration is really a disaster for the EU. If Breton protected the French automotive industry, that would help against those Nordic patent trolls. Instead, he helps his long-standing friends in the telecoms sector. But when it came to COVID-19 vaccine procurement, he apparently blocked the purchase of hundreds of millions of more doses from Pfizer/BioNTech and Moderna.

People will die, and the economic damage will dwarf whatever could go wrong in the automotive patent context…

Trust me I don’t give a damn that BioNTech is a German company; Pfizer and Moderna are American companies, and BioNTech was founded by Turkish immigrants, so it’s not a matter of national pride. Even if a good vaccine came from Japan or Chile, I’d say “let’s buy it”.

The whole patent situation seems to nowadays be warped in favour of favours made to champions of Europe favouritism. Policies are shaped not by a common, unified goal of Europe but personal interests of various officials. This is apparently as true in the Commission as it is in EPO management. This erodes or diminishes public confidence in Europe’s largest and second-largest institutions. It’s no longer about economic gain/advantage of Europeans but of few corrupt officials.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  2. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  3. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  4. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  5. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  6. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  7. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  8. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  9. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  10. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  11. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  12. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  13. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  14. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  15. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  16. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  17. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  18. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death



  19. Links 14/10/2021: Whisker Menu 2.6.1 and KDE's Birthday

    Links for the day



  20. Links 14/10/2021: DragonFly 6.0.1 Released and Red Hat Loses Another Top Executive

    Links for the day



  21. IRC Proceedings: Wednesday, October 13, 2021

    IRC logs for Wednesday, October 13, 2021



  22. Süddeutsche Zeitung Became a Propaganda Arm of EPO Management (and by Extension Software Patents/Patent Lobbyists)

    EPO ‘genius’ António Campinos enjoys shallow press coverage, which echoes or resembles Benoît Battistelli‘s corruption of the media (paid-for fluff)



  23. GNOME (and Debian) Infringe Human Rights by Shipping Parental Control Software (Internally Called “Malcontent”)

    Guest post by Ryan, reprinted with permission



  24. No, JWZ, Discord is Not “IRC With Pictures”

    Guest post by Ryan, reprinted with permission



  25. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?

    The António Campinos-led EPO won’t be subjected to real oversight by the Administrative Council, which ‘met’ (online) earlier today; so we look at who in the Administrative Council did what; today we wrap up the parts about Switzerland (third part of three)



  26. Links 13/10/2021: Sparky 2021.10 and New Archcraft

    Links for the day



  27. Links 13/10/2021: Firefox Keylogger on (By Default), GNOME Platform Design Discussed

    Links for the day



  28. [Meme] [Teaser] Swiss Alexandre Benallas

    The EPO‘s French dictator, Benoît ‘Vichy’ Battistelli, might be relieved to hear that his enabler in the adjacent Switzerland also enlisted armed bullies to keep the population down (the father of António Campinos might know a thing or two about those; it’s why he fled to France)



  29. IRC Proceedings: Tuesday, October 12, 2021

    IRC logs for Tuesday, October 12, 2021



  30. A Tale of Two KDE Distributions: Kubuntu 21.10 and Debian 11 GNU/Linux

    Guest post by Ryan, reprinted with permission


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts