Bonum Certa Men Certa

EPO Staff Bemoans “Another Reform à la Battistelli That Only Benefits Battistelli”

Summary: A letter from anonymous EPO staff details the ways in which Battistelli's power grab would further harm the EPO

Epostaff4rights.org, a Web site which is unfortunately not accessible to most browsers, does not receive as much attention as it deserves, albeit it was cited by The Register less than a fortnight ago. We were implicitly authorised to reproduce the text below, in HTML form. It explains how EPO management is scheming to seize even great control later this week, effectively becoming akin to a monarchy.






DG1-DG2

Reorganisation

Another reform à la Battistelli that only benefits Battistelli

So far Mr Battistelli’s reforms have shown a strong tendency to break what they were claiming to build. Think of the EPO’s internal appeals system, and its career system, of the Boards of Appeal (BoA) reform and Social Democracy (1.0 and 2.0). We expect the next reform, announced in Communiqué 2/2017 to be similarly detrimental to the EPO and its staff. A quick run through the Communiqué will already show some obvious flaws.

For the EPO, increasing our quality, production and timeliness has become an essential aspect of our strategy ...”

Apart from the fact that staff has not seen any real efforts from the administration to increase “quality”, this sort of generic statement can apply to any business or service. The staff of the EPO are still waiting for Mr Battistelli to formulate anything that could qualify as a long-term strategy for the European patent system.

Boston Consulting Group (BCG) was commissioned in September 2016 to study future scenarios for the Office’s operation and support areas.” True. But in their final report of January 20171 they did not recommend the option now chosen, which, according to BCG, will not increase efficiency/productivity, or clarity and simplicity, but probably at least have a negative impact on external user orientation, and decrease workload flexibility2,3,4.

The newly structured DG 1 …, headed by a Vice-President, will be responsible for the whole patent granting process from filing until publication.”

Three Chief Operating Officers (COOs) will be responsible within DG1 …

Each will have a direct reporting line to the President.”

Now what exactly will that new VP1 (Mr Casado) be responsible for if the three COOs report directly to the President? Handing out the bottles of champagne to those who complete their 25 years at the Office?5

Each Director will manage the applications end to end, supervising both examiners and formality officers.”

The examining directors were responsible for the formalities officers (FOs) until 2005. The problem is that about 75% of the work done by FOs relates to external users. Directors, coming from an examination background, mostly had little understanding for this part of the formalities work and tended to prioritise the relatively small part of the formalities work that concerned the examiners (“points”), leaving the formalities officers feeling unsupported in the larger part of their work. This will not have changed.

Unlike examiner work, PA work is not stock-driven but needs to be delivered just in time. PA must cope with weekly fluctuations of 20% of the incoming workload. This workload volatility has so far been mastered by the hub structure and efficient management of the available work force by PA managers6. Directors, who will already be responsible for a mega-directorate with about 60 patent examiners, might not consider this additional management task their highest priority.

The current DG 4 “Administration” becomes DG2 “Corporate Services” … IM will move to the new DG 2 with the CIO having the same direct reporting line to the President.

This is also not new. Information management (IM) has been part of DG4 before. But the same question applies as for DG1: what will Mr Topic actually be responsible for with Mr Battistelli directly controlling IM and Ms Bergot controlling the rest?

The implementation phase will start as from 1st July 2017 to be finished by 1st January 2018.”

Why this haste?”, we wonder. So did Boston Consulting7. The consultants advised a more cautious approach, given that the hub structure in Patent Administration is still very fresh and that reorganisations in DG1 (large directorates and team managers) are still ongoing. Boston Consulting also pointed out that top management had signaled a phase of consolidation after several years of accelerated change and significant growth of production, in line with the recommendations of several recent studies. In fact, Boston Consulting questions the very need for a structural reform8 .

The new structure will not fundamentally change the work of patent examiners and formality officers …

For the formalities officers the above statement is certainly not true. If you count the relevant Articles and Rules in the EPC, you will understand that formalities cover a much wider range of legal issues than search and examination. The differences between the various EPC procedures (search, examination and opposition) as well as the differences between EPC, PCT and national procedures are also greater for formalities officers than for examiners. That is why formalities officers have always specialised in 2 or 3 procedures. Their new assignment to examining directorates and the focus on “end-to-end” processing will demand a much wider range of expertise from the formalities officers. The change from specialists to generalists and the reduction of team work will lead to a lower efficiency and thus to a higher work pressure. What this shows is that those who designed the new structure (mainly DG1 managers) do not understand formalities work and what formalities officers need to be able to work efficiently.

On page 71 of their report, BCG explain why the implementation of “end-to-end” processing requires a very careful approach: “In our conversations at the EPO we noticed that, in spite of the very constructive and collegial leadership style in and around the MAC, there are many disagreements, unresolved disputes and open questions which separate DG1 and PA. Pursuing one of the merger scenarios would be greatly facilitated by removing these impediments one by one in a mediation-like exercise which would help transform certain fears among some managers and staff into new trust.

The merger will also present more career opportunities for our staff with the creation of new management posts.”

Now that is twisting the truth – badly. Due to the mega-directorates, the number of directors in the examination area (full-time managers; paid in a higher grade) is being reduced from about 150 to about 65 to 70. The newly appointed “team leaders” take on managerial functions – but in addition to their normal work, and while remaining in the same grade. The manager posts in Patent Administration will be entirely suppressed and also replaced with “team leaders”9. Whereas more examiners and formalities officers may thus “enjoy” managerial responsibilities, and receive a “functional allowance” while performing such functions, this in no way represents an increase in “career opportunities” – quite the contrary.

Conclusions

The planned “end-to-end patent granting process”, if implemented, is likely to have a negative effect on the quality and harmonisation of PA services delivered to external users, while increasing the work pressure for the majority of the formalities officers.

The introduction of a direct reporting line between the new COOs and the president would give him even more control over the patent examination process while marginalising the role of VP1 and VP2. This planned organisational change respects the wording of Rule 9 EPC but conflicts with its spirit.

Despite the negative effects for external users, formalities officers and EPO managers, there is one person who is the winner from this reorganisation: the President. That is, if gaining power is something he considers a gain.



www.epostaff4rights.org



2The present hubs facilitate harmonisation, workload management and knowledge sharing since formalities officers work in teams. The planned reorganisation would abolish the hubs.



3The option chosen by the administration has much in common with “Option 5: full merger” (starting on page 55 of the report), since the current structure of Patent Administration (PA) will be entirely dissolved and its elemenst fully integrated into DG1: “Synergies however would be more difficult to unlock, as the FOs would have to work in small silos and not be able to benefit from each other to the same extent that they do in the status quo.The abolition of the hub structure will also result in less flexible workload management for FOs. This can be (partially) solved through floaters.” “The plan to abolish the hub structure will probably be met with strong resistance from PA. A major challenge in the full-merger scenario will therefore be to engage especially the former DG2 staff, make them feel appreciated and preserve their strong team spirit.



4BCG instead recommended “Option 4: balanced merger” (starting on page 55 of the report), where “DG2 becomes the custodian of the end-to-end management of the patent grant process, as seen from the user's perspective.” Under this scenario, customer services and quality management would remain in DG2, and the new DG2 would be responsible for the harmonisation of PA customer services across the new DG1.



5GCC/DOC 12/2017 is quite revealing “Rule 9 EPC stipulates (1) that examiners as well as Formalities Officers in the receiving section are assigned to a DG and (2) that such a DG is directed by a VP. On this basis it is preferable to establish the three operational units as part of the new DG1 directed by a VP, while maintaining a direct reporting line from each COO to the President.” (see GCC/DOC 12/2017, page 5, “LEGAL CONSIDERATIONS”)



6If PA units including hubs are dissolved in a merger scenario, there must be an answer to the question how such flexibility is restored. At the very least, DG1 Directors must be qualified to negotiate flexible ways of working with the same positive impact on quality and user satisfaction as under the status quo.” (page 72 of the BCG report)



7The results on employee engagement simply echo the findings of the Social Study which noted a certain degree of reform fatigue at the EPO and unspecific resistance to further change. Therefore, the more profound the desired reorganisation effort, the more negative the expected impact on employee engagement.” (page 62 of the report)



8See “Case for action” on page 76 of the report “ a reorganisation affecting the reporting lines and collaboration of roughly 90% of the workforce is a far-reaching and potentially time-consuming reform. This requires a clear case for action based on a consistent “theory of change”, Whether a change in the organisational structure is the most promising lever to release this potential for growth, is open to debate.



9“Similarly, DG1 considers today's layer of unit managers and deputy managers in PA to be largely redundant in a merger scenario, potentially freeing up 49 FTEs.” (report, page 72)



Recent Techrights' Posts

European Patent Office (EPO) Series: Networking With the National Delegates
António Campinos with a prime opportunity to network with the Administrative Council delegates and lobby for his reappointment
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
 
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
How Long Can a Company Delay Its Financial Report That Likely Confirms Exodus of Staff, Growing Debt, and Other Problems?
Brett Wilson LLP was meant to release its annual report some time early this month
SLAPP Censorship - Part 122 Out of 200: Garrett's Solicitors Confirm That Garrett is Ban-Evading and Spying on Our IRC Network
his solicitors basically acknowledge this
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'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
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
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