Battistelli bragged to the Council about lack of strikes (after he had passed rules to restrict those), but for the second year in a row he is the cause of strikes
SUEPO has not been saying much recently, but the EPO will be on strike tomorrow and Mr. Ernst has just been chosen to replace Kongstad. As far as we are aware, no media has covered that; only one publication, IP Watch, mentioned the strike, which will last 4 days (including the weekend).
The new disciplinary rules have been criticized by the anonymous "Flyer team". Internally, we have access to the proposed text. It foresees absolutely no check and balance. On a superficial reading, it appears reasonable as there are various committees which are supposed to give an opinion. But it is like patents: the claims actually define a very short procedure after which the President can fire you without justification and without recourse.
It is an open secret in the Office that the President is trying to get rid of everyone over 40 and replace them with far cheaper examiners, younger and more docile. Word is that they would be on 3-years contracts, but that is not even necessary if they can be fired at will.
But firing people is always messy and it is far easier if they leave "voluntarily". To ensure "voluntary" compliance, the title under which you can now be fired is called "professional incompetence". "Professional incompetence", as defined in the proposed text, simply means you failed to meet the production objective your superior set for you. It is public knowledge that last year objective was to grant 40% more patents.
But everything will happen behind closed doors. I expect that the older examiners in my directorate will have a nice visit of their new boss after summer which will simply tell them that they can leave "voluntarily" or get fired for "professional incompetence" before the end of the year. Because being declared "incompetent" by the EPO means that nobody will ever hire you for doing patent work, people will "voluntarily" comply.
Signed: an examiner over 40, looking for a new job outside the Patent world.
News from the 1st day of the Administrative Council in Den Haag :
1 - Christoph Ernst (DE) former head of the German Delegation at the Administrative Council of the EPO is the new Chair of the Administrative Council.
Mr Ernst is a man with a proven record of performance: indeed his silence during the entire mandate of Battistelli was remarkable, close to perfection. Mr Ernst never found the need to voice concerns when colleagues committed suicide (like for 10 days in Munich), when fundamental rights of staff were violated, when the DG3 Judge was suspended (more than 2 years...), when 3 staff reps were fired and other 3 downgraded after Orwellian trials, when quality of patents dropped due to unhealthy production pressure etc etc etc). His main quality seems to be his aptitude to discretion which in a corrupt organisation like the EPO explains that he just got promoted.
2 - Alberto Casado (SP, current VP2) becomes new VP1 in replacement of the flemmish dinausor Minnoye. Casado is known (and praised) for its exceptional competence in the various Patent Procedures as well as extensive mastering of Patent Law. No doubt that he was THE expert to task with managing 55000 highly educated examiners and formality officers. Some will say that his capacity to express himself in English may be close to that of Manuel in Falwty Towers but they are pathetic losers. In fact Alberto Casado speaks fluently Spanish which is alreaddy something.
And during this time, as the Titanic was sinking, the Orchestra was playing music...
Battistelli and Bergot (PD HR) clais that psycho related sicknesses at EPO have decreased... Sure since they fire (mentally but not only) sick staff.
Fortunately the first case has arrived at ILO this week and the judges are not amused : http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3887&p_language_code=EN
Battistelli and Bergot ought to see their immunity lifted and sued for what they did