Bonum Certa Men Certa

When You Replace 10,000 Euros Per Month Patent Examiners With 2,000 Euros Per Month Patent Examiners...

Video download link | md5sum 543d032cd85ded59197ef1a8f064fdf0



Summary: The patent quality crisis at the EPO is related to the recruitment crisis; the EPO rapidly loses a potent patent examination workforce, which it is unable to replace, quite likely by intention

In an "[a]rticle originally written and published by SUEPO Munich," according to insiders, we're clearly seeing a problem that should be widely understood. It is a problem we've long spoken about -- namely inability to attract suitably-equipped patent examiners to study applications for a monopoly. Here is the publication, which is dated 2 years ago but is still very relevant (probably even more relevant now than back then):



25.11.2019 su19026mp – 0.2.1/4.2.1/4.2.2

EPO salaries – hiring for excellence



Mr Campinos, supported by the Administrative Council, seems determined to lower salaries and other benefits at the EPO. This raises the questions: why are the salaries and benefits as they are and should they be lowered? This publication tries to give some answers.

Requirement for recruitment at the EPO Article 5(1) of our Service Regulations sets out the requirements for recruitment at the EPO: “Recruitment shall be directed to securing for the EPO the services of employees of the highest ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of the Contracting States.”

I. Highest ability and efficiency – Language skill and technical knowledge For all employees at the EPO “highest ability” includes language skills: internal and external communications can be in any of the three official languages. For many of us that means the knowledge of three foreign languages in addition to our mother tongue (and Dutch in The Hague). It is obvious that the “highest ability and efficiency” comes at a price.

II. Broadest geographical basis – recruitment from all member states The requirement that staff be recruited “on the broadest geographical basis from among nationals of the Contracting States” also has an impact on the EPO salaries. This requirement is common to most, if not all international organizations (e.g., UN1) and early on led to the formulation of the so-called Noblemaire principle2. Application of this principle has been consistently supported by ILO-AT until nowadays3: “The Noblemaire principle [...] embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest.4

III. Integrity According to Article 14a(1) of the Service Regulations, an EPO employee is further meant to “carry out his duties with integrity and loyalty, and conduct himself solely with the interests of the Organisation in mind. He shall neither seek nor take instructions from any government, authority, organisation or person outside the Organisation.” A pay that is perceived as a fair reward for the high performance and a permanent post, i.e. the prospect of a future within the EPO, help maintain a high level of integrity.

__________ 1 The UN obey the Noblemaire principle, which is binding on any organization that belongs to the UN system (here). 2 From the name of the Chairman of a Committee of the League of Nations (1920). 3 Noblemaire principle at the ILOAT (here). The ILO-AT recently re-affirmed the principle in Judgment 4134 (consideration 11). 4 see Judgment 831 (consideration 1)




Patent examiners – a special case Patent examiners are among the better paid civil servants in many countries5, at least in those countries that take patents seriously. Why should this be so? One is that whenever a new technical field emerges, the patent office finds itself in direct competition with industry for the relevant technical experts. In order to be successful in recruiting such experts, a patent office thus has to offer attractive working conditions.

Another reason for the relatively high level of pay of patent examiners lies in the nature of the job. Searching and examination require a very high level of technical training (engineering or university level). The work further has a strong legal component, in the EPO additionally requiring – as pointed out above – considerable language skills and for many the willingness to leave their home country. The EPO is therefore looking for the rare proverbial “eierlegende Wollmilchsau”.

Is the EPO already in breach of the Noblemaire principle? Let us recall that the Noblemaire principle requires the EPO to set its salaries at a level “that will draw and keep citizens of countries where salaries are highest”. A glance at the latest recruitments listed on the EPO intranet shows that already today the EPO is struggling to attract new staff from across all its member states. The conclusion must be that the Office is breaching the Noblemaire principle and should adjust staff pay upwards, not downwards.

Cui bono? There seems little doubt that jobs at the EPO have become much less attractive in recent years. Mr Battistelli reduced the recognition of previous experience, lowered the starting salaries, introduced 5-year contracts and strongly curbed career progression within the job. Flattening of the hierarchy in the patent administration and patent examination areas virtually eliminated the prospects of a managerial career in DG1. Mr Campinos now foresees further cuts.

ILO-AT has criticized organisations for reducing salaries purely in order save money, see e.g. Judgment 3921 (consideration 11): “While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff’s expense is not by itself a valid reason for departing from an established standard of reference [...].” So the Office needed a justification to attack salaries and paid for a controversial report which it then interpreted as negatively as the report allows, and added a two billion euro buffer on top.

EPO staff are dedicated and intelligent. They are perfectly able to recognize a true financial emergency and – if such an emergency occurred – would without doubt be ready to make sacrifices to get the EPO through the crisis. However, they see through the current fake crisis. Note that last year Mr Battistelli still claimed that he had made the EPO fit for the future. So let us suppose that as the years pass it transpires that it was never necessary to save 5.8 billion euro. What will the Office do with all the extra money? Perhaps find a mechanism to give a considerable portion of it to the member states, the member states that sit on the Administrative Council and are the ultimate decision makers in the European Patent Organisation?

What the delegates and Mr Campinos seem to forget is that its highly trained and (until recently) highly motivated staff are the only real asset that the Organisation has. So again: rather than cutting staff benefits, the Organisation should invest in staff in order to be fit for any future crisis. Not investing in staff risks killing the goose that lays their golden eggs6.

SUEPO Munich

_______ 5 USPTO Examiner brochure 2018 (here) 6 Governance of the EPO: https://www.suepo.org/public/ex104034cp.pdf


The video discusses the ramifications for Europe, which is simply being 'sold' piecewise to monopolies from other continents.

"What good is a patent office incentivised to just grant as many patents as possible irrespective of their quality and their compliance with the underlying laws?"Sadly, the EPO as a whole got compromised, and this goes well beyond the examination division. The Office nowadays controls the whole Organisation, which was supposed to oversee the Office. Even the courts are controlled by the Office.

As someone put it the other day, expressing concern about the independence of judges (BA): "It is a disgrace that the AC [Organisation] does not any longer controls the office and its president."

Here's the full comment:

It is farcical to see the president of the BA and the president of the EPO signing a MoU. One should not forget that the former only has the powers delegated to him by the latter. The chair of the BA has to approved by the president even if he appointed by the AC. The day the BA can forward their budget request directly the AC we will be able to see a beginning of perception of independence. But it still remains that the conditions of reappointment have never been published. Only a proper reform of the statute of the BA without any possibility of the president to interfere with the working of the BA will the BA be fully independent. In 2004 an opportunity was sadly missed. As far as the return to Munich is concerned, the person responsible will never have to support the costs implied. The users and the staff are footing the bill. But what can you do when immunity means impunity. And the tail is wagging the dog. It is a disgrace that the AC does not any longer controls the office and its president. But the cooperation budget is in good hands.


What good is a patent office incentivised to just grant as many patents as possible irrespective of their quality and their compliance with the underlying laws?

Recent Techrights' Posts

European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
Pushing to the Top
Publishing is about exposing corruption
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
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
 
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026
Gemini Links 29/06/2026: Using More of GPLv3+ and Merits of Security by TOFU
Links for the day
Links 29/06/2026: Lemote Yeeloong Laptop With OpenBSD, Slop Ruins Code/Development
Links for the day
Antisocial People With No Computer Science Background Are Ruining the Technology Space (Like Officials With No Experience in Patents Destroyed the EPO)
This is a real issue; it needs to be widely recognised and tackled
DDoS Attacks Are a Crime and They Only Increase Interest (Intrigue) in Their Target
Information cannot be DDoSed out of reach/existence, except temporarily
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
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
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'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
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
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