Bonum Certa Men Certa

'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

"When asked by Ars, the EPO's spokesperson mentioned the imminent arrival of the unitary patent system as an important reason for revising the EPO's internal rules..."

--Dr. Glyn Moody



Laurent Prunier (EPO) talking about the scandal at the EPO with Suzette Saint-Marc (Council of Europe)



Summary: The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe

Laurent Prunier is the latest victim of the brutal regime at the EPO, where many suicides have been reported (and some not publicly reported). A unions group which is familiar with and outspoken about union-busting activities at the EPO showed "L. Prunier (SUEPO) talking about the scandal at the EPO with S. Saint-Marc (Council of Europe) at the USF meeting during break in Brussels." (the link is seemingly broken and is connected to a surveillance Web site (Facebook), so the photo at hand got uploaded).



"Laurent Prunier is the latest victim of the brutal regime at the EPO, where many suicides have been reported (and some not publicly reported)."Staff representatives at the EPO, notably but not exclusively SUEPO, have raised legitimate concerns for a long time, but it wasn't until Battistelli and his crooked regime gained a foothold that they (and staff 'downstream', i.e. people they represent and protect) had their rights trampled on. Patent Administration members of staff are suffering the most (intense pressure), some people who are familiar with internal EPO affairs argue, and it's also where workers occasionally resort to suicide. 6 years ago concerns were raised by staff representatives [PDF], noting that PAs “have a day-job. Change is not the night-job" (that was the title). This long document said that "[t]here are intensive discussions going on about PA-staff’s future – so far without PA staff."

It also said that "complete reliance on electronic tools for treating applications may offer savings, but it also entails risks. The users must see their concerns addressed to avoid frustration if system failure and bugs put even more pressure onto the daily work in future."

"Patent Administration members of staff are suffering the most (intense pressure), some people who are familiar with internal EPO affairs argue, and it's also where workers occasionally resort to suicide."The EPO is already trying to replace examiners with computers, which leads to all sorts of integrity and quality issues.

A lot of the above is often being justified -- however poorly -- by saying that there is an ongoing "reform" and all the complaints are just a symptom of resistance/antagonism to change. Based on the quote at the top, the UPC has a lot to do with it. We have therefore been writing a great deal about the UPC recently.

The following new comment explains why the UPC cannot quite happen (or become a reality) unless there's cheating:

Revisiting the Gordon and Pascoe opinion, I am struck by the following passage.

"If the UPC were truly part of the Union legal order, it would already be subject to these obligations without them needing to be spelled out in the Agreement. Whilst Article 1 of the UPCA and Article 71a of the Brussels Regulation designate the UPC as a "court common to a number of Member States", we do not consider that such secondary legislation is capable of converting the UPC's fundamental status as an international court into that of a court which is part of the national legal order"

Upon reflection, I struggle to understand the argument that is being put forward here. In what way is Article 1 of the UPCA "secondary" legislation? The UPCA is, after all, the very instrument that establishes the UPC. Are Gordon and Pascoe therefore suggesting that we should view Article 1 of the UPCA as mere "window dressing", for the sake of appearances (ie the appearance of complying with Opinion 1/09)?



This was followed by another comment:



I forgot to add that Article 21 UPCA is also relevant.

"As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the correct application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court".

This seems to at least try to place the UPCA firmly within the Union legal order. It is a shame, therefore, that Gordon and Pascoe did not explain why, in their view, Article 21 UPCA also represents mere "window dressing".



We invite people across Europe, EPO staff included, to help us combat the misguided and possibly illegal (or unconstitutional) 'reform' which is UPC. This is a war of occupation by special interests against everyone in Europe including patent examiners. Nobody wants the UPC except prosecutors, patent bullies, and patent trolls (not even European).

Recent Techrights' Posts

Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
 
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago