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

GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024