Bonum Certa Men Certa

EPO “Recruitment of Brits is Down by 80%”

Board 28 has already admitted there's a "crisis" as mass departure [1, 2, 3, 4, 5] goes all the way to the top

Very British



Summary: Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"

THIS morning someone diverted a message about the EPO to us. This message appears to have headed towards quite a few delegates and perhaps politicians too.



In the tradition of maximal transparency we have decided to share it below. We hope that readers will end up contacting their national representatives to let them know what nationals (whom they supposedly represent) think about this.

"We hope that readers will end up contacting their national representatives to let them know what nationals (whom they supposedly represent) think about this."The message below is long (3 pages) and there are some interesting things in there about brain drain and the rather amazing exodus of British workers this past year (or slightly longer).

"The EPO-FLIER Team," we learned, "a group of concerned staff of the EPO who wish to remain anonymous due to the prevailing harsh social climate and absence of rule of law at the European Patent Office, sent an open letter to delegations of the Administrative Council of the European Patent Organisation. Interested circles and stakeholders of the European patent system were informed as well."

Text of the E-mail was as follows:

Open letter to the Delegations of the EPO's Administrative Council

Dear Heads and members of the Member States' delegations to the Administrative Council of the European Patent Organisation, dear Chairman, dear Mr Grandjean,

Please find enclosed an open letter titled

'The Administrative Council's fiduciary duty to the European Patent Organisation and the Office's duty of care'

directed to the delegations of the member states of the Administrative Council of the European Patent Organisation. The EPO-FLIER Team, a group of concerned staff of the EPO who wish to remain anonymous due to the prevailing harsh social climate and absence of rule of law at the European Patent Office

__________________________________ further links: http://www.fosspatents.com/2014/12/european-patent-office-examiners-fear.html http://www.ip-watch.org/2014/12/10/epo-supervisory-body-to-face-patent-quality-judicial-independence-fears/ http://techrights.org/wp-content/uploads/2014/12/EPO-examiners-can-no-longer-ensure-appropriate-quality-standards.pdf http://techrights.org/2014/12/08/epo-staff-is-demonstrating/


There was a PDF attached to the message and here is what it said:

Open letter - by email to the Heads of Delegation

22 June 2016 EPO-FLIER team

The Administrative Council's fiduciary duty to the European Patent Organisation and the Office's duty of care

Dear heads and members of the delegations to the Administrative Council of the European Patent Organisation, dear Chairman, dear Mr Grandjean,

Ever since the founding fathers drafted the European Patent Convention, a high perception of legal validity of a granted patent has taken the Office from strength to strength. Highly qualified staff has for a long time dealt with significant workload increases while maintaining the quality of work that has drawn applicants to the EPO. However, we are now observing an accelerated change for the worse. Strong professional ethics are gradually giving way to rubber stamping in order to meet entirely arbitrary production targets. Despite embellished statistics allegedly showing otherwise, staff's health is on the decline and the EPO is no longer an employer of choice.

Is it not the Administrative Council's (AC’s) and the President's duty to hand over to any successor an Office that is at least as healthy as it was when he took it over? And should the AC not be seen to be positively influencing good housekeeping and a constant pursuit of excellence?

Who is the boss?

It was so refreshing to see the AC take its responsibility when it issued a resolution with clear and achievable objectives for the President. Very briefly there was a marked improvement of the atmosphere in the Office. Very briefly, the AC had switched on the light at the end of the tunnel.

But instead of complying with unambiguous instructions, Mr Battistelli is playing games like an adolescent who is testing the envelope. He has not even tried to comply. Instead, he is doing the opposite, challenging his supervisory body, rebelling against his "parents".

It is time for the members of the AC to stop flogging a dead horse: Mr Battistelli is causing immeasurable damage to the Office; he is now untenable.

The President's extravagances

The AC delegations are aware of and endorse the costs for the President's luxury fortress on the top floor of the Isar Building and his alleged need for highly expensive personal body guards. The EPO further pays for hosting high-profile events that seem to be mainly instigated for the greater glory of the President.

The Office should not be seen to be celebrating some inventors as being better than others. It risks reputational damage by highlighting the success of some inventions, especially if they later could prove not to work (see media coverage on Elizabeth Holmes' dysfunctional blood testing equipment). For critical observers, her results looked too good to be true. The same applies to the current EPO results.




EPC changes through the back door?

Sinking almost endless resources into the IT Roadmap, with its badly managed outsourcing and brain-drain (due to salary cuts and a poor work atmosphere), is failing to provide appropriate tools. The changes in operation – above all an ill-conceived new career system in combination with management by intimidation – are resulting in more products per staff member, but with an outcome that no longer compares favourably to past quality standards.

Critical observers have started speculating about the effects the dramatic increase in the number of patents granted may have1. Applicants have started observing a decline in the quality of the EPO's products and sometimes share their concerns with individual examiners. The existing quality indicators are not reliable. IAM 2, 3 is sponsored by the Office and the EPO's own quality measuring system 'CASE' suffers from a built-in conflict-of-interest. The way it has been designed, it will always indicate excellent quality, no matter what the actual quality is.

A presumption of invalidity of granted patents leads to higher litigation costs. Big applicants might be able to finance such higher costs, but SMEs will suffer economically from low quality patenting4. The EPO can foster economic growth only if it returns to the previously high search and examination standards5.

The AC is the guardian of a non-discriminatory application of the EPC. That is not possible under the leadership of this President.

EPO - employer of choice?

Word has got out that all's not well at the EPO. The Office no longer attracts the same calibre of staff and therefore has had to resort to recruiting what it gets. That's why the EPO is currently abandoning previous quality criteria, such as language skills, or a balanced geographical distribution6, in the selection of new staff.

The recent Technologia survey on psycho-social risks for EPO employees is alarming, and the comparison of three surveys from consecutive years shows that the situation is deteriorating. Despite the AC's mandate to the President to go easy with HR reforms, the Administration is still instigating some highly undesirable changes.

The self-proclaimed Dr. med. Battistelli and Dr. med. Bergot judge on the fitness of staff for work. The EPO exposes vulnerable staff to its medical advisors, who now have a direct reporting link to a PD Human Resources, who herself has a reputation of being vindictive. The Office now has the tools that it needs to breach medical secrecy indiscriminately and to abuse information given to medical practitioners in confidence.

The unfair dismissal of two staff representatives, the downgrading of a third and the ongoing attacks on other members of the staff representation are unacceptable, and have been criticised by the Council itself. Staff are dumbfounded by the way that an organisation that has a legal function (granting and refusing patents) behaves in ways that are contrary to the rule of law in its member states and how representatives of countries with a great legal tradition can condone such behaviour.

_________ 1 http://ipnoncredere.blogspot.de/2016/06/high-how-will-ball-bounce.html 2 http://www.iam-media.com/Blog/Detail.aspx?g=77979ee9-60a0-4b2c-b074-e9a2b2623a0c 3 65% of the respondents rated the quality of patents granted by the EPO as excellent or very good. 4 http://www.theregister.co.uk/2016/06/15/patent_trolls_innovation_and_brexit/ 5 http://www.fosspatents.com/2014/12/european-patent-office-examiners-fear.html 6 It seems that in the EPO the „brexit“ is taking place, as according to the Social Report for 2015 CA 55/16, page 22, the recruitment of Brits is down by 80%, while according to page 8, the EPO lost 7% of UK staff in one year. Further, no Irish, Swedish, Norwegian, Finnish, Danish and Swiss personnel was recruited.




Mr Battistelli continues to undermine the rights of staff

EPO staff undergo a stringent selection process and have a long probationary period before being appointed as permanent staff. But in the interpretation of the EPO's very senior management it is professional incompetence if staff members do not meet inflated output demands. In the President's plans there will be no intervention of any meaningful advisory review instance in decisions for dismissal for reasons of professional incompetence (CA/53/16). If the proposal gets approval, Mr Battistelli will be in a position to expose staff of the EPO to unemployment without a social security system, which he aggravates by claiming exclusive rights to permit gainful employment a full two years following departure from the Office (CA/29/16).

The review of the Investigation Guidelines (CA/52/16) will, if adopted, increase the autonomy and powers of the Administration. The guidelines would become an even more dangerous weapon if put in the wrong, i.e. in Mr Battistelli's and Ms Bergot's, hands. Due process, duty of care and state-of-the-art HR management are completely absent from the Office now.

And all the time, the members of the Office’s only supervisory body watch it happen. To the neutral observer there is no doubt: this Administration is professionally incompetent, and the supervisors are doing nothing about it.

The President and his cronies have to be stopped. By you. Now.

The Council and President have to show that they are good caretakers of the great organisation that has been put in their custody and entrusted to them. It is time to live up to the expectations of the founding fathers, the European public and the staff of the Office.

You will be in the spotlight during the June Council meeting.

Please do not support the President's change proposals in CA/29/16, CA/52/16 and CA/53/16.

Instead, please do what needs doing: restore a constructive climate at the EPO, under leadership of a President who wants to join the effort for the continued success of the Office.

For the undersigned, that President is not Benoît Battistelli.

With our best regards, The EPO-FLIER team

a group of concerned staff of the EPO who wish to remain anonymous due to the prevailing harsh social climate and absence of rule of law at the European Patent Office

Copies to: Competent Ministries of the Member States


These proposal were mentioned here one week ago. We can't help wondering how many other EPO employees are contacting delegations or at least heads of delegations. These delegates might only feel compelled to save the EPO if they witness enough voices of concerned insiders and outsiders. That's how it goes in politics, for better or for worse.

Recent Techrights' Posts

Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026