Bonum Certa Men Certa

The Chaos in the EPO Impacts Stakeholders

Even the French National Institute for Industrial Property (INPI) is complaining...

Paris, france



Summary: The service at the EPO is quickly becoming unsatisfactory and leads to complaints even from Battistelli's home country

Nearly a week after we published a translation which reveals an upcoming lawsuit against the EPO SUEPO provides its own English translation and adds this second translation of an article mentioned here earlier this week. Amid "crisis" (the word used by Board 28) it tackles a problem which was covered before by Merpel (French workload lowered in priority) and here is the full article in English, complete with quotes from Pierre-Yves Le Borgn'.



European Patent Office backlog causing concern for France



An industrial dispute weighing down the European Patent Office (EPO) is increasingly causing concern for its contracting states, particularly France, where delays in reviewing applications submitted to the institution are worsening.

According to several sources, for the last year, some applications sent to the European Patent Office (EPO) by the French National Institute for Industrial Property (INPI) are being returned with delays of one to two months compared with the usual turnaround time, which could have consequences for patent applicants.

The EPO carries out the "prior art search" for French companies: a comprehensive review of the state of knowledge and technology to assess whether something is a genuine invention, Alain Michelet, President of the French Patent and Trademark Attorneys Institute (CNCPI) told AFP.

Companies have one year from the start of the search to initiate protection procedures abroad. So, the longer the research takes — lately, up to 11 months, compared with the usual nine — the less time the company has to decide, which especially penalizes small entities that do not have the same financial footing and expertise in industrial property as large corporate groups.

What is causing the delays? "Last year the EPO completely overhauled its working procedures", it says, which "may have caused delays for specific user groups." "We are working to put this right and we foresee the delay will be gone in a few months’ time."

Reprisal

But for Yves Le Borgn, the Socialist Party MP for French nationals living abroad, whose constituency includes Germany where the EPO has its headquarters, "it is not ruled out that this could be retaliation" on the part of the institution’s President, the Frenchman Benoît Battistelli, against France, critical of his methods as the head of an institution with a poisonous social climate. Other sources interviewed have the same interpretation.

Does this mean that Mr. Battistelli has given the express instruction to let the French applications slip? "I have no evidence as such, but putting together everything that I have heard, I cannot rule out the idea of a causal link," says Mr. Le Borgn.

Michelet refuses to speak of deliberate delays.

He argues that France is one of the few among the 38 member countries to have the EPO carry out the "prior art search". This is subcontracting work which understandably does not have the same priority for the EPO as reviewing its own files.

>> Read: Benoît Battistelli: Many Apple patents would not have been granted in Europe

Occupying the post since 2010, Mr Battistelli, formerly of the Ministry of Finance and the former INPI chief executive, has been working to reform the institution with its 7,000 highly qualified, well paid employees, who enjoy many benefits including generous welfare and pension schemes.

Battistelli has launched a series of reforms of, for example, career management or sick leave rules.

Demonstrations and strikes

"I don’t want to raise the charges. So the only solution (to stay competitive) is to increase efficiency, which implies reforms", he told AFP recently. "My policy is not to reduce the package of social benefits. It is a policy of developing activities, of cost control and improved efficiency to pay for our social system in the long term."

It is, though, a difficult pill to swallow. The Office has for several years been the arena for social tension punctuated with strikes, demonstrations and alleged smear campaigns. The workers’ union Suepo condemns the "dictatorial" methods.

"There is a small group of people with Suepo at the centre, who resist change", is Mr Battistelli’s analysis.

His successor at INPI, Yves Lapierre, who represents France on the EPO’s Administrative Council, says: "the reforms are necessary, it is important to put them in place, but I do wonder about the methods used".

In mid-March, the Administrative Council of the EPO, which had reappointed Mr. Battistelli in June, asked the two sides to "work to find a solution."

Michelet seeks to reassure. "I have a commitment from Mr Battistelli that by autumn the problem will be resolved."

However, Mr Le Borgn sees a much deeper problem of governance in an organization "which is not sufficiently controlled by its member states."


The above serves to reaffirm something we learned about last year. Citing another French text ("L’érosion de l’obligation, pour les Etats membres, de garantir le droit d’accès au juge au sein des organisations internationales?"), SUEPO quotes an opinion/commentary and states:

See here for a critical commentary Ms. Anne-Marie THEVENOT-WERNER on two recent ECHR judgments that concern violations of human rights in international government organisations. The article is in French.
Résumé

In its decisions Perez and Klausecker rendered on 6 January 2015, the European Court of Human Rights reaffirms its case law derived from the decisions Waite and Kennedy and Bosphorus. However, the way it applies the principles allowing the Court to engage a State’s responsibility for violations of the human rights protected by the European Convention on Human Rights may lead to an erosion of the obligation of a State to protect these rights, as the Court seems to require implicitly their protection to be “manifestly deficient”, including in the framework of the proportionality test developed in the decision Waite and Kennedy. In the end, the Court protects in any way possible the autonomy of International Organisations. This might lead however to the hardly desirable consequence that International Organisations and their Member States are free not to apply the same standard of human rights protection as the Convention offers to acts and omissions of the Organisation – even to Organisations where all Member States are a Party to the Convention.


For all we know, a Munich State Attorney is now pursuing criminal charges against the European Patent Office, so things are about to get interesting.

Comments

Recent Techrights' Posts

Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
 
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025