Bonum Certa Men Certa

Letter Warns of “Reform Marathon” a Few Days Before Benoît Battistelli's Job is Offered to Someone Else

Will the final 'reform' keep him in power?

Opinion: Putin is in charge
A monarchy's modus operandi



Summary: New letter states that "although the AC pressurised the president to halt the reform process, the Office is unilaterally proposing further reforms"

THE STAFF of the EPO is very eager to be heard, but it cannot speak out without threat of retribution. Published this week was the following letter, which warns about Battistelli's plans. It's a letter we were allowed to circulate here (original at epostaff4rights.org).








€ 

Reform marathon

continues

With its March 2016 resolution1, the Administrative Council (AC), among other things, instructed the president to make a proposal for revising the investigation guidelines and the disciplinary procedures. Since then, the president has failed several times to provide a draft revision that met the expectations of the delegations. Several delegations intervened and came up with own suggestions2. While the current proposal (CA/58/17) solves some of the issues, it is still flawed. The major concern for staff lies in a lack of independence of the Disciplinary and Appeals Committees and a new fast-track procedure for judging on employee’s professional incompetence. Board 28 nevertheless signalled that they intend to support the proposal3.

And although the AC pressurised the president to halt the reform process, the Office is unilaterally proposing further reforms: a re-structuring of DG1 and DG2 (CA/65/17), and a change to the Supervisory Body of the Reserve Fund for Pension and Social Security(RFPSS).

This paper summarises the most important aspects of the planned reforms and points out the likely effects on the staff.



Standards of conduct

According to the planned reform (CA/58/17), any failure of a permanent or former employee to comply with his obligations under the Service Regulations, “whether intentionally or through negligence on his part”, may constitute misconduct (Article 21) and may make him liable to disciplinary action (Article 93). The original proposal from the “Swiss wish list” that only intentional or grossly negligent breaches of the Service Regulations should be relevant for disciplinary proceedings has not found its way into the current proposal. The current wording leaves leeway for arbitrary use of the regulation and abusive punishment.

Disciplinary and Appeals Committees

The chairman of the Disciplinary Committee (Article 97a) and the Appeals Committee (Article 111) and their alternate or vice-chairs shall “possess the qualifications required for appointment to high judicial office“ or be “lawyers with experience in the area of disciplinary law acquired at national or international level”, and they shall not be employees of the Office.

But unlike in the present system, the chair and their alternate or vice-chairs would be unilaterally appointed by the president4. The Disciplinary and Appeals Committees would therefore not be entirely paritary and thus not be independent. Moreover, the president’s final decision, i.e. the punishment imposed, may still exceed the Committee’s recommendation.5

Professional incompetence

The planned reform foresees a separation of the procedures for disciplinary matters and professional incompetence. According to the Office, “professional incompetence does not constitute per se misconduct” and the Disciplinary Committee is, for this reason, not the appropriate body to address it (CA/58/17, page 11). For dealing with professional incompetence, a new body called Joint Committee on Articles 52 and 53 will be created. The chair and alternate of the Joint Committee will be appointed by the president (Article 53a).

According to the proposed revised Article 52 “the President shall define procedures to identify, deal with and remedy cases of lack of ability and efficiency in a timely and appropriate fashion.” When these procedures are exhausted, the president may, after consulting the Joint Committee on Articles 52 and 53 take a decision on whether, on the basis of (two or more) consecutive appraisal reports, an employee shall be “dismissed, classified in a lower job group with or without downgrading or downgraded” on grounds of professional incompetence.

The new route for dealing with lack of “professional ability and efficiency” would significantly reduce the safeguards for staff.5

Investigative process

While progress has been made on the right to remain silent, the Investigative Unit (IU) will still be able to secure, access and search mobile electronic devices, including private ones.

And several other items of the “Swiss wish list” (i.e. demands of the Council) have not been dealt with: nomination of the head of the IU by the AC to secure his independence from the Office president, and duty of the IU to inform the Council when investigations are launched against staff representatives or union representatives.

Revision of presidential decisions

After exhaustion of all internal means of legal redress, (former) employees can apply to the Administrative Tribunal of the International Labour Organisation (AT-ILO).

But the ILO as the highest instance for disputes between the EPO and its employees does not hold public hearings, has no means of legal enforcement, and does not allow the filing of injunctions6. Judgments are only delivered after several years.

Worse, the ILO had several bilateral talks with the EPO administration - a party in the dispute - without informing or inviting representatives of the employees6,7.

Siegfried Broß, a former judge at the German Federal Court of Justice (DE) and later at the German Federal Constitutional Court, recently said during a lecture8 that “The legitimate, individual basic rights of the people employed by the EPO are currently not sufficiently secured by an independent judiciary.9 He does not consider the Administrative Tribunal of the ILO a “proper court9.

Change of the governance of the Reserve Fund for Pension and Social Security (RFPSS)

The payment of pensions of former EPO staff is guaranteed by the Member States. The Pension Reserve Fund supports the EPO’s pension scheme by providing appropriate reserves (Article 38 EPC).

To avoid undue interference, the RFPSS was set up in 1991 with the aim of obtaining a de facto independent reserve fund. It therefore has a tripartite Supervisory Board (SB) with a paritary composition of representatives from the Member States, the Office and the staff (1/3-1/3-1/3). It is the only EPO body where representatives of the Office and of the staff play an equal part in decision making.

The current poposal (CA/47/17 Rev 2) will mean replacing one of the two voting staff members in the SB with a pensioners’ representative, and adding two experts with voting rights. If the proposal gets approval, the staff’s voting weight would be reduced from 1/3 to 1/8, and its representation in the Board’s meetings would be diluted to at best 1/10. The influence of the Office would be strengthened since the AC would appoint the experts based on a proposal by the president.

The representation of the stakeholders in the Board would no longer be paritary. The current proposal, if adopted, would thus weaken the independence of the SB and violate the principle of “fair representation”. The CSC considers the proposal to be “neither mature nor fit for purpose10.

DG1-DG2 reorganisation

The aim of merging Patent Administration (PA) with patent examination is to achieve a “fully digitalised end-to-end [patent grant] process in the short term“ (CA/65/17, page 2). But the necessary deliveries from the IT Roadmap have not yet materialised.

The likely effects of the thus premature DG1-DG2 reform have been analysed in an earlier publication11, and can be summarised as follows:

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.



Enjoying power - and not being accountable if anything goes wrong

"We believe that the President is simply trying to shift the responsibility for these new, flawed proposals from himself to the Council," the [CSC] letter warns. ’4

Staff voted last week for strike in great numbers. We must keep the pressure up and show the Administration and the Council that we are fed up: through a strong strike.



www.epostaff4rights.org



2eg the so-called “Swiss wish list” containing proposals of the Swiss delegation (Minutes of the 149th meeting of the AC, 12 and 13 October 2016; CA/PV 149) and the joint proposal CA/32/17 (by FR, DE, NL and CH)



3B28/6/17 “The majority sentiment was that … the proposals were now ripe for decision



5 Reform of the EPO justice system (CA/58/17); sc17098cl (16 june 2017)



6ILO-AT: 90 years old and in need of repair; su17040cp (3 May 2017)



8titled “The Patent Granting Practice under the EPC – Erosion of the Rule of Law?” (at Max Planck Institute for Innovation and Competition, Munich)



10Position of the Staff on CA/47/17 Rev 2 – Change of the RFPSS Governance; sc17096cl (16 June 2017)



11EPO-FLIER No. 30 “DG1-DG2 Reorganisation” (www.epostaff4rights.org)



Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
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
 
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
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