Bonum Certa Men Certa

Shedding Light on the Secretive Mock Trial of Elizabeth Hardon and Others (EPO Union Busting)

The EPO's management metaphorically sets up the firing line right now

"Serious sport has nothing to do with fair play. It is bound up with hatred, jealousy, boastfulness, disregard of all rules and sadistic pleasure in witnessing violence. In other words: it is war minus the shooting."

--George Orwell



SUEPO reps



Summary: The despicable union-busting actions by the EPO's management are advancing to their next stage while no journalists and probably not even EPO staff (having just returned from holiday) pay attention

FOR THOSE WHO do not know this yet, union busting at the European Patent Office (EPO) is now being dressed up as an "investigation", with harassment against staff representatives and incredible accusations (see this original J'accuse) that we wrote about before on numerous occasions. The first in the firing line is Elizabeth Hardon, possibly because of her popularity and exceptionally long service at the EPO (the higher the profile of the scapegoat, the greater the deterrence, as per decapitation strategy or decapitation strike). Elizabeth Hardon knows that this is unjust (a lot of guilt by association and personal attacks based on very old events) and we previously published her lawyers' response. We also shared other related documents to help convince our readers that Hardon is merely a scapegoat. The guilt by association is established (see the original J'accuse) by associating Hardon with another person who is likely innocent, whose only 'offense' as far as we can tell is that he anonymously (for his own protection) contacted delegates to warn them about serious abuse at the EPO's management (a very just and defensible claim, based on very extensive and ever-broadening evidence).



"The first in the firing line is Elizabeth Hardon, possibly because of her popularity and exceptionally long service at the EPO (the higher the profile of the scapegoat, the greater the deterrence, as per decapitation strategy or decapitation strike)."I too have written to delegates. I wrote to them about the EPO's attacks on yours truly. Yes, the EPO isn't just attacking inwards (e.g. staff representatives and judges) but also outwards. They've got some nerve! This is not consistent with European standards on anything. The EPO is now just a rogue entity, whose closest institutions (in terms of ethical parity) are probably entities like GCHQ or the CIA, with many notorious undercover operations. This is what we now have at the very heart of Europe, so everyone in Europe should be up in arms over it.

Several delegates from several countries have been in touch with yours truly, a European citizen. I attempted to explain to them the severity of the situation (impacting me personally but also others). One delegate said to me this morning, "I would like to assure you that we are currently paying increased attention to all the issues related to EPO governance. Your complaint has been forwarded to the Chairman of the AC EPO."

"The problem isn't SUEPO; the problem is the EPO's management. Patent lawyers and inventors all agree on that. Unless we haven't spoken to enough of them."Despite public optimism, and increased/improved awareness of the situation among delegations, the EPO management wants to toss out SUEPO representatives in less than two weeks. This isn't justice, it's just akin to Martial Law. The EPO declares a crisis and then tries to blame and eventually literally attack those whom it views as a destabilising force (irrespective of the legitimacy of the claims of this force). We have been contacted by European inventors and patent lawyers over the past week and they too are worried by the situation. Not only patent examiners (and other EPO staff) fear the consequences to the reputation and function of European patents. The problem isn't SUEPO; the problem is the EPO's management. Patent lawyers and inventors all agree on that. Unless we haven't spoken to enough of them. It doesn't take a genius to realise that SUEPO speaks truth to power, hence it suffers retribution.

I shall continue to exercise my right as a European citizen to communicate with delegations. "Remember that the AC is full of non-politicians," one person reminded me, but that can be seen as a good thing, except many are (patent) lawyers from their national patent offices (this in itself isn't a big issue).

Now that the staff representatives are under attack (the New Year has brought no reprieve, only silence that serves the silent accuser) we encourage everyone in Europe to contact local delegates (all the contact details are here). Time is crucial as later today Elizabeth Hardon will be filing her response to the EPO's J'accuse. "This is the deadline for her response," someone reliable told us. "She is planning to share it with staff on the 12th/13th of January and a final decision from the EPO on her job is due out on the January 17th."

Since the papers are to be dealt with and decided on by the accuser (judge and executioner too), what kind of a trial is this? It's a mock trial, theatre, show trial, or whatever. No wonder it's kept under the wraps, so closely guarded as though transparency of the court would in itself be some kind of heinous crime.

"I shall continue to exercise my right as a European citizen to communicate with delegations."The EPO's management will try to paint this "investigation" or "justice". This would be a colossal injustice however. It would be a shame to Europe; an embarrassment! It could be one among more to come as there are interestingly and increasingly absurd cases involving the other two staff representatives (photographs of them are shown at the top). The firing line has a line not only of shooters (Bergot et al) but also a line of people to be metaphorically shot. Don't forget the judge whom the EPO has nothing substantial against (except some potentially fabricated allegations, put on a USB stick that they claim to be his). So who's the "sniper", Bergot? Who's acting like an armed "Nazis" now? Which party is acting violent? So desperate to guard an unspeakable career hop [1, 2, 3, 4] rather than resign? The hypocrisy needs to stop the the unjust suspensions need to be dropped, not extended. If in order for these suspensions to be dropped Team Battistelli needs to be sacked in bulk, then so be it. It would be "good riddance" and a positive signal from the EPO, whose public view now rightly competes with FIFA's (among those who are sufficiently well-informed, not just regarding football).

Just released by the EPO's Web site team is what Mr. Kongstad (AC Chairman) had done [PDF], elongating suspensions. This is Battistelli's wishlist, changing rules to suit his agenda as he goes along. Welcome to North Korea. Here it is as text:

CA/D 18/15

DECISION OF THE ADMINISTRATIVE COUNCIL of 17 December 2015 amending Articles 2 and 95 of the Service Regulations for permanent employees of the European Patent Office

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention, and in particular Articles 10(2)(c), 11 and 33(2)(b) thereof,

Having regard to the Service Regulations for permanent employees of the European Patent Office (hereinafter referred to as "the Service Regulations"), and in particular Articles 2 and 95 thereof,

On a proposal from the President of the European Patent Office, submitted after consulting the General Consultative Committee,

HAS DECIDED AS FOLLOWS:

Article 1

Article 2(6) of the Service Regulations shall read as follows:

"The President may extend the terms of office of all members of the bodies under paragraph 1(b), (c), (d), (f) and (g) beyond the duration defined in the applicable provisions of these Service Regulations, within the limits of the terms of office of the Staff Committee members."




Article 2

Article 95 of the Service Regulations shall read as follows:

"Article 95

Suspension

(1) (unchanged)

(2) (unchanged)

(3) A final decision in the proceedings shall be given within the following period, as from the date of the decision to withhold remuneration:

(a) 4 months for those employees whose appointing authority is the President;

(b) 24 months for those employees whose appointing authority is the Administrative Council. This period may be extended in exceptional cases by decision of the Administrative Council. If no decision has been given by the end of the period specified under (a) or (b), the employee shall again receive his full remuneration.

(4) (unchanged)

(5) (unchanged)"




Article 3

This decision shall enter into force on 17 December 2015. It shall have immediate effect. This immediate effect shall include suspensions decided under Article 95 of the Service Regulations and which are ongoing on the date of entry into force.

Done at Munich, 17 December 2015

For the Administrative Council The Chairman

Jesper KONGSTAD


Suspension has therefore been formally extended to "24 months", as we pointed out before. It serves to further weaken supervisory departments or functions. As one comment put it the other day:

At the recent EPO Caselaw Conference in Munich I was surprised how many of the audience were from locations outside Europe, and from courts and Patent Offices rather than patent attorneys in private and company practice.

In the USA, as we know, the post-issue inter-partes proceedings at the USPTO feature very limited scope to amend. At the EPO, the Boards of Appeal are increasingly strict about admitting claim amendments to the proceedings. Even when they do, the only claims given any attention are the independent claims. If one of those is bad, the whole patent goes down.

I suspect that judges in other jurisdictions are influenced by what is discussed at Conferences such as the one in Munich at the end of last year, without necessarily grasping that in a self-sufficient jurisdiction, every element of the procedure (like "Auxiliary Requests" at the EPO) interacts with every other element. You can't fairly "Pick and Mix" but these days I fear that there is far too much picking and mixing going on.

Jurisdictions try in good faith to keep on trend and reach international standards, but understanding well enough how the law is made in several foreign jurisdictions, both civil and English law, is beyond human capability.

But as of now, declining to look at dependent claims is "Flavour of the Month", isn't it?


Worth noting, as per the above, that conferences about the EPO were full of "audience [...] from locations outside Europe, and from courts and Patent Offices rather than patent attorneys in private and company practice."

"It serves to further weaken supervisory departments or functions."It's quite revealing, isn't it? The EPO does not quite prioritise Europe's interests and it shows. Remember who's excited about the UPC. There are legitimate concerns here. Earlier today we found this newly-published press release that relates to controversial cancer patents in the EPO. Cantargia, the grantee, is a Swedish company whose main bragging right at the moment (see their homepage) is a patent they got. There are no products mentioned in the site and the press release says "a European protection exists until 2032 and covers Cantargia’s method to utilize IL1RAP as a target molecule for treatment and diagnostics of solid tumors."

We have already written about the EPO's cancer kerfuffle (and compared its management to a tumour inside Europe). Thankfully, this long ongoing series, titled "Insensitivity at the EPO’s Management", is far from over and will most likely resume later this month. It has a lot to do with cancer.

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
 
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026