TEAM Battistelli continues to reinforce negative perceptions about itself. It's not only abusive but also oppressive when it comes to free speech. So far this week the EPO has said absolutely nothing about the meeting of the Administrative Council (perhaps preferring for nobody to pay attention). It obviously said nothing at all about the protest. The latter is at least understandable.
"So far this week the EPO has said absolutely nothing about the meeting of the Administrative Council (perhaps preferring for nobody to pay attention)."We've been tracking quite closely how the EPO's media strategy developed/(d)evolved so far this week and how it worked throughout the day. What it did today is noteworthy as the EPO does, in our assessment, at least subconsciously hide the discrimination against SMEs, the declining patent quality, the likely death of the UPC and so on. Earlier today the EPO was pushing its UPC 'study' (that it corrupted academia for) and #IPforSMEs
. This is consistent with what has been happening for about a month.
The EPO's day, however, began with the latest distraction from the latest scandal. It's their PR strategy. They're on fire and they try to get people to look away from the flames. The EPO retweeted people first thing in the morning [1, 2, 3] to distract from the major scandals. It's just their PR stunt (intended to shift attention). The EPO's PR team added its own to the mix later in the day [1, 2]. Nothing at all about the meeting. So much for "news" from the EPO...
"The EPO's day, however, began with the latest distraction from the latest scandal."Thankfully we heard from some insiders that Ernst, chairing the Council's meeting, did what we expected him to do all along. The EPO "staff representation tried to speak about Patrick Corcoran," a source told us. "Chairman would not allow him to speak..."
Moreover, based on what a source told us, Corcoran "is not reappointed and is in DG1 from January. Unlikely he lasts long. German constitutional court will be watching. ILO too."
So this post of ours (making a "claim") turns out to have been correct all along. We could not confirm it at the time, but the same information is mentioned here too: (new comment)
A non-renewal under these circumstances seems to be problematic in itself. The disciplinary procedures have not been finished, and the decision to not reappoint has been taken while the disciplinary procedures were running. This sounds like all ingredients for a hidden disciplinary measure are present, which would again fail to meet the requirements of the EPC and the Service Regulations.
IMHO, a reappointment (possibly under conditions) must be done while disciplinary proceedings are still ongoing.
But he is not on the list the President of the BoA published now.
This story will continue, as the poor chap will now fall under the authority of the president of the EPO as of 1. of January 2018, being an examiner again.
"Any documents relating to this would be greatly appreciated."Merpel is alive again. At long last. There was a post this morning and it notes that the fate of Corcoran might not be good:
The problem is, however, that Mr Corcoran has not been reinstated. As further reported by the Irish Times, when Mr Corcoran went to the EPO “last Thursday afternoon he was refused admission and was told the ILO’s judgments had not yet been implemented”.
This is however perhaps not as simple as it may appear. Because the appealed suspensions were not the end of the matter. The Administrative Council repeatedly sought, and failed to achieve, from the Enlarged Board of Appeal, a proposal for Mr Corcoran’s removal from office. That is the only manner, according to Article 23(1) of the European Patent Convention, that a Board of Appeal member can be sacked while in service. But Board of Appeal members are appointed for 5 years, and their appointment can be not renewed. Tucked away in the Report on the 152nd meeting of the Administrative Council of the European Patent Organisation (available here) from 28 and 29 June 2017 is the innocuous-looking paragraph:
“The Council also decided to reappoint 12 members of the Boards of Appeal, and not to reappoint any other person, hence following the reasoned opinion of the President of the Boards of Appeal. It further agreed to the procedure for designating the deputy of the President of the Boards of Appeal in the future, and took note of the intended procedure to handle after-service activities of former board members.”
The phrase “and not to reappoint any other person, hence following the reasoned opinion of the President of the Boards of Appeal” is understood by Merpel to mean that the new (and first-ever under the new arrangements for the governance of the Boards of Appeal) President of the Boards of Appeal has proposed Mr Corcoran’s non-reappointment and the Administrative Council has accordingly not reappointed him. This seems to leave him in legal limbo – if the EPO declines to readmit him, Mr Corcoran may have to appeal yet again to the ILO-AT in regard to this latest decision.
"The whole situation is a travesty which ought to be noticed (and then noted) by the German constitutional court."Notice the next comment, which says: "Could the issue be that the BoA member, after initially having suspended by the President, was removed from his duties by the AC and therefore cannot be reinstated until the AC reconvene?"
We're leaving until the weekend. We depart quite soon (Christmas party far away from home), so this may be the last EPO post for a while. We won't be able to cover day 2.
For information about today's protest see this short report from World Intellectual Property Review (WIPR). Here's a portion:
Staff members at the European Patent Office (EPO) are holding a demonstration at the EPO’s Munich office today.
The EPO’s Administrative Council is meeting today and tomorrow, December 14, also in Munich.
One of the items on the agenda is the reinstatement of a suspended EPO Board of Appeals judge to his former post.
The International Labour Organization’s Administrative Tribunal (ILOAT) handed down five decisions last week, with two of the judgments ordering the “immediate reinstatement” of the judge, who had been suspended because of alleged misconduct.