Gemini version available ♊︎

The Latest Letter to Josef Kratochvìl and the Heads of Delegation of the Administrative Council of the European Patent Organisation

Posted in Europe, Patents at 7:56 pm by Dr. Roy Schestowitz

Video download link | md5sum d9706ec2be896968a4e73d51dae165c3
Asking for Proper Oversight
Creative Commons Attribution-No Derivative Works 4.0

Summary: A week-old letter from the Central Staff Committee (CSC) to the Administrative Council of the European Patent Organisation highlights the nature of a crises; there’s no genuine dialogue and staff of the EPO (i.e. the scientists who do all the actual work) is constantly under attack

The Central Staff Committee (CSC) of the EPO has circulated among colleagues the following letter, an open letter, which had been prepared and then sent to the Council that fails to govern António Campinos, just like it failed to govern Benoît Battistelli. The GCC calls for change (“Need for changes in the consultation of staff”) and tells colleagues: “After the latest GCC meeting the CSC has decided to address the Heads of delegation of the Administrative Council, in this open letter.”

“The Council must intervene. But will it?”I’ve attempted to give some background to all this in the video above, but the letter below mostly speaks for itself. The industrial action and the misbehaviour of Campinos (he clearly violated the Code of Conduct of ‘his own’ organisation!) culminated in an impasse. The Council must intervene. But will it?

Here’s the full letter:

European Patent Office
80298 Munich

Central Staff Committee
Le Comité Central du Personnel
Zentraler Personalausschuss


Reference: sc22055cl

Date: 17.05.2022

European Patent Office | 80298 MUNICH | GERMANY
To the Chairman and
the Heads of Delegation of the
Administrative Council of the
European Patent Organisation


Need for changes in the consultation of staff

Dear Mr Chairman,
Dear Heads of Delegation,

The success of the European Patent Office rises and falls with the level of commitment of all staff. From the staff member in the lowest grade up to the President, everyone should rightly be expected to contribute to the functioning of the Office and the European patent system in an atmosphere of mutual respect. Of course, this also applies to social dialogue, whether official or informal.

Incidents in the consultation process
In this context the Central Staff Committee (CSC) feels obliged to draw your attention to “incidents” that happened in the latest consultation process. They were already echoed in the public Kluwer patent blog.

Statutory consultation foresees that CSC members shall represent the staff on the General Consultative Committee (GCC). The President, however, expressed in the GCC meeting on 26 April 2022 that our contribution in the official consultation was a waste of time. He used foul language throughout, he insulted most of our speakers, and he not just interrupted them, but prevented them from speaking multiple times. It was patently clear that he had absolutely no intention of taking heed to any of the arguments that we presented. Thus, statutory consultation was flawed.

Therefore, the CSC members of the GCC requested in a letter to the President that the consultation be repeated and that the official recording of the GCC discussions according to Article 38(5) ServRegs be made available to allow full transparency. Unfortunately, the President ignored this latter request. We request that you secure the recording and investigate the issue, as his appointing authority.

The package on “Professional mobility” (CA/32/22)
One document affected by the flawed consultation process is the proposal on Professional mobility which the President has just submitted to the Administrative Council for the forthcoming BFC and AC agendas. Central parts of the proposal are the policies on secondment (either national experts from national patent offices to the EPO or EPO staff to national patent offices). For instance the interested public could perceive the former policy as a privileged access to posts in the Office circumventing the strict criteria of the statutory recruitment defined in the Service Regulations.

The extension of the appointment of Mr António Campinos as President of the EPO will also be discussed in the June meeting of the Council. To avoid that his proposal is solely regarded in the context of the extension of his appointment, it should be of utmost importance that the opinion of staff on the Professional mobility proposal is taken into account. The CSC already emphasised some concerns as to the possible decentralisation of the Office when the orientation paper (CA/19/22) was presented to the Administrative Council in March 2022. In our open letter of 18 March 2022, we pointed to the necessity of convening the long overdue conference of ministers of the Contracting States according to Article 4a EPC to revise the outdated governance structure of the EPO.

In view of the flawed consultation process, the CSC can only recommend that the Administrative Council does not take a decision on the document yet. Litigation against a decision on a proposal stemming from a flawed consultation would create severe legal uncertainty for the upcoming years on the fundamental changes of the employment conditions associated with Professional mobility. The recording of the meeting may also be needed as evidence in regard of the flawed consultation.

Improving the consultation framework
Even if a President of the EPO could have the outstanding ability to establish and foster social dialogue and social peace, which was the mandate given to the current one (see CA/23/17), the recent unfortunate “incidents” show the need for an improvement of the framework for the consultation of staff. This requires a careful analysis of the status quo and as to why the current regulations could have led to disrespectful outbreaks evidenced in the audio recording of the recent GCC meeting.

An improved structure for the official consultation process will help to make staff’s opinion count. This will contribute to their engagement. The President and the Administrative Council will also profit from such improvements when making their decisions. It will improve the reputation of the EPO and it will ultimately strengthen the patent system in Europe.

Yours sincerely,

Alain Dumont
Chairman of the Central Staff Committee

cc.: President of the EPO
cc.: Directorate Ethics and Compliance

In the next post (and video) we’ll deal with some of the substance discussed in the GCC meeting. Staff isn’t being listened to. There’s only a pretence of that.

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. IRC Proceedings: Wednesday, June 29, 2022

    IRC logs for Wednesday, June 29, 2022

  2. It's 2022 and Installing Software in GNU/Linux Has Never Been Easier

    GNU/Linux is easy to use and extend; the above demonstrates how new software gets installed, removed, and updated in KDE Neon

  3. Sitting Down Less

    Avoiding long periods of sitting down is important for one's health, especially in sedentary lifestyles or jobs

  4. Microsoft Windows Market Share in Russia in 2022: Down From 55% to 50% in 5 Months

    As June ends (last day today) let’s examine the rapid demise of Windows in Russia, even before the exodus media speaks of this week (an ongoing story)

  5. European Patent Office is a Kakistocracy Illustrated

    Benoît Battistelli and António Campinos aren’t just a “dark era” for the EPO; they might in fact be the end of the EPO, having made corruption the “new normal” or “new ways of working”

  6. [Meme] EPO Rewarding Corruption Instead of Upholding the Law and Protecting the European Patent Convention (EPC)

    Wednesday proved that the EPO actively guards corruption and protects Team Battistelli from scrutiny; instead of standing for patent law the EPO under António Campinos stands for overt violations of the law; national delegates are fine with it as long as they’re personally rewarded for complicity

  7. Links 29/06/2022: Collabora Online Developer Edition 22.05 and HPLIP 3.22.6

    Links for the day

  8. Links 29/06/2022: Ubuntu Touch OTA-23

    Links for the day

  9. Cautionary Tales About an António Campinos-Run EPO

    The EPO is basically doomed under António Campinos because he abandoned the law for short term monetary gains (e.g. granting fake software patents under the guise of “4IR”), assuring the demise of the institution, which can no longer attract employees that meet the standard strictly required under the EPC, begetting outsourcing which only worsens everything

  10. Sustainability of Crime at the European Patent Office (EPO), Europe's Second-Largest Institution

    The Administrative Council of the European Patent Organisation has voted for corruption; it wants violations of the law to carry on for several more years and it all boils down to money (they get paid more if they support breaches of laws, constitutions, and treaties)

  11. EPO is “Building a Team of C and D Players”

    This pretty well describes what happened to the EPO under Benoît Battistelli and António Campinos

  12. Corrupt António Campinos Bought Himself Another Term by Bribing Voters, Whom None of the Staff Trusts

    The EPO has failed to shake off the cabal of Benoît Battistelli; his friend António Campinos has bought himself a second term, demonstrating just how dysfunctional the EPO became (pushing illegal and unconstitutional “reforms” while violating the EPC at every turn)

  13. Links 29/06/2022: Russians Moving to GNU/Linux

    Links for the day

  14. IRC Proceedings: Tuesday, June 28, 2022

    IRC logs for Tuesday, June 28, 2022

  15. [Meme] The Delegates' Munich Rally (June 29th 2022), Re-electing a Corrupt Dictator?

    The EPO's presidency is still being bought using bribes, so there’s no real democracy (auctions, not elections); The reference may be seen as offensive, but remember Benoît Battistelli‘s family ties to Nazism

  16. Most “Job Applicants to an Examiner Position at EPO Who Were Offered a Job Did Not Take it”

    One of many interesting comments left since Monday

  17. CNX Software or CNX Microsofter?

    Is the money worth it, CNX? You are putting off readers, very few of whom are likely to be using antique versions of Microsoft Office; better to focus on news, not spamfarming

  18. Links 28/06/2022: Vim 9.0 and vnlog 1.33

    Links for the day

  19. Steven Vaughan-Nichols: Mouthpiece for Jim Zemlin, Salaried by (or via) ZDNet

    In ZDNet, all the latest 5 “articles” about “Linux” are just spam/puff pieces for the Linux Foundation, a front group of monopolies and foes of the GPL. ZDNet’s Steven Vaughan-Nichols also defamed the person behind the GPL. Follow through to narratives.zdnet.com and find: “Through ZDNet Narratives, our advertising partners tell their comprehensive product and solutions stories” (so it’s not journalism but narratives for sale or coin-operated pundits who cover what the sponsors tell them to)

  20. Twitter: From 'Engagement' Bots to Fake Stats

    Just like in YouTube, where SPAMnil still engages in clickfraud (bots that fake the number of views), Twitter is clearly misleading everybody to give a false sense of importance

  21. New Video From the Free Software Foundation (FSF): “Escape to Freedom”

    "Escape to Freedom" is a new animated video from the Free Software Foundation (FSF), giving an introduction to the concepts behind software freedom: both what we gain by having it, and what rights are at stake.

  22. Links 28/06/2022: Mozilla Thunderbird 102 and EasyOS 4.2.2 Released

    Links for the day

  23. [Meme] EPO Bosses Sneer at Staff Unrest

    Another new EPO cartoon/meme

  24. [Meme] EPO Policies Decided Behind Closed Doors

    The EPO has not been run like a patent office/system for over a decade already; wealthy stakeholders from other continents just turned it into their monopoly-granting machine, operating in violation of its own charter for the sole goal of increasing cashflow, not advancing science or helping businesses

  25. Lots of Legal Action Against the EPO Impending

    The Local Staff Committee The Hague (LSCTH) gives a heads-up regarding a "tsunami of legal cases on the horizon" against Europe's second-largest institution, which operates in the dark with impunity (and thus frequently breaks the law and breaks promises)

  26. “Mobility Package” as Bribes in European Patent Office

    Published a few hours ago

  27. Links 28/06/2022: Plasma Mobile Gear 22.06 and KDE Plasma 5.25.2

    Links for the day

  28. Bastian Best is Still Wrong and Dishonest About Software Patents

    A quick rebuttal to abysmal arguments in favour of software patents, courtesy of people who neither code nor disclose a very obvious conflict of interest (they profit from promotion of such illegal patents, helped by crooked EPO presidencies that violate the European Patent Convention with impunity)

  29. IRC Proceedings: Monday, June 27, 2022

    IRC logs for Monday, June 27, 2022

  30. EPO Protest Tomorrow in Munich

    We urge all EPO workers based in Munich to attend tomorrow's protest; it's not a waste of time, it sends a strong and effective message

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