Bonum Certa Men Certa

Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

EPO and Life

Summary: The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!

TODAY we have some better news to share about the EPO, which participated in the parade of UPC lies a few days ago, in effect promoting illegal agenda (António Campinos keeps showing he's no better than Benoît Battistelli, he's just equally good at lying and breaking the law).



"New Ways of Working," [euphemism warning] according to the Central Staff Committee of the EPO, got "[s]topped by the [Administrative] Council" (wait, what??? The Administrative Council 'stopped' something proposed by the Office???).

In the words of the Central Staff Committee: "The guidelines on New Ways of Working (CA/77/21) were originally tabled for opinion on the agenda of the 169th meeting of the Administrative Council (CA/69/21) on 14 December 2021. On the day of the meeting, the document was rescheduled as for information only. The meeting report published on 21 December 2021 by the Office remains silent about the details. In fact, major concerns expressed by Member States, in particular host states and large states, took away the hope of a positive opinion. The topic of the New Normal remains controversial with the potential to drift into a governance crisis and further attacks on staff working conditions. Today, there is no certainty as to whether these issues will be solved in the March or June 2022 Administrative Council meetings, or even later in the future. More than one year after the Willis Towers Watson survey, the New Normal [euphemism warning] topic is now back to square one."

"Citizens of Europe deserve to know better (than the face-saving whitewash in the EPO’s site) what’s happening in Europe’s second-largest organisation..."Circulated among staff of the EPO was the following publication -- a "paper [which] explains in detail what happened in the Council," according to the Central Staff Committee.

You don't get to enjoy both immunity and secrecy. Citizens of Europe deserve to know better (than the face-saving whitewash in the EPO's site) what's happening in Europe's second-largest organisation and in light of recent violations of the law on an unprecedented scale (Trojan horse for European software patents and many other bad things) it is imperative that full transparency is moreover imposed, revealing the gory situation of an ill patent office which hopes to hijack and subvert all patent courts across the EU, just as it subverted its own tribunals.

The Central Staff Committee has explained things as follows:

Zentraler Personalausschuss Central Staff Committee Le Comité Central du Personnel

Munich, 21-01-2022 sc22001cp – 0.2.1/4.2.2/4.4

New Ways of Working: Stopped by the Council



The guidelines on New Ways of Working (CA/77/21) were originally tabled for opinion on the agenda of the 169th meeting of the Administrative Council (CA/69/21) on 14 December 2021. On the day of the meeting, the document was rescheduled as for information only. The meeting report published on 21 December 2021 by the Office remains silent about the details. In fact, major concerns expressed by Member States, in particular host states and large states, took away the hope of a positive opinion. This paper explains what happened.

Warning signs in Board 28

Board 28 is a sub-group of the Administrative Council. It usually meets a few weeks before the coming meeting of the Administrative Council. According to the minutes of the Board 28 meeting of 19 November 2021 (B28/8/21), there were already warning signs that the guidelines on New Ways of Working remained controversial among the delegations:

“Some members indicated that their internal consultation process was not finalized yet. Some asked for clarification about the future organization of the activities of the Office or the potential impact on the social package benefitting EPO employees” (emphasis added)

From “for opinion” to “for information”

The guidelines on New Ways of Working (CA/77/21) were originally tabled “for opinion”, this means that a vote were to take place and, if positive, the Guidelines could be implemented by the Office.

Shortly before the meeting of the Administrative Council on 14 December 2021, Mr Campinos received various feedback from the delegations showing that the text “New Ways of Working” remained controversial. The document was then rescheduled as for information only. This is rather unusual. In this way, a vote on the document is postponed and no implementation can take place.

During the meeting, the delegations which took the floor against the document were essentially the host states and founding countries of the European Patent Convention:

Major concerns: too generous, governance issues and lack of clear legal basis

Germany

As a host state, Germany considered that it should have been involved earlier in the consultation process, as the guidelines have the potential to change the working basis of the Organization. Germany referred to Article 6 EPC which states that the Organization shall be located and have its headquarters in Munich. Germany found that it would be difficult to reconcile Article 6 EPC with the minimum compulsory presence of only 20 days. Indeed, an employee may combine 20 days of work in the Office in Munich with 20 days in Berlin to meet the requirement of 40 days per year in the Office.

Germany pointed out that the rules of the EU Commission required a stronger link to the place of employment. In this respect, Germany asked that the length of the “pilot” should be reduced from three years to one or two years to allow frequent revision. In its view, a period of three years allows staff to change their way of life and bears the risk that EPO employees get used to the new situation irreversibly. In addition, Germany pointed to a lack of a legal basis of the guidelines. Indeed, the Office does not foresee any amendment to the Service Regulations although Article 55a ServRegs still defines that “Permanent employees in active employment shall normally perform their work on the Office’s premises”. Furthermore, Germany asked for an impact assessment on the Protocol on Privileges and Immunities (PPI).

Germany considered that the document did not address the concerns raised earlier on the sense of belonging and the quality of the work. In its view, the Office was currently capitalizing during the pandemic on already existing strong teams and staff used to work with each other efficiently. On the other hand, the Office was not taking active measures to integrate new employees. Furthermore, Germany wondered whether all appropriate measures were currently being taken to ensure the confidentiality of unpublished patent applications.

Finally, Germany noted that working conditions of EPO employees could be reduced by shortening the home leave for instance.

France

France expressed concerns on the reduction of the minimum presence at work and considered that a better balance should be found. It also saw in the proposal decentralization aspects difficult to reconcile with collaboration, the sense of belonging and the development of an international Office culture. France even asked that the Office issues a report on the “New Normal” every six months.

The Netherlands

The Netherlands supported the positions of Germany and France and found the proposed guidelines too generous and difficult to revert: “Granting rights is easier than revoking rights.” It requested further discussions with the Ministry of Foreign Affairs and the Ambassador for International Organizations. In its view, the proposal raised many questions on the Protocol on Privileges and Immunities (PPI) even after the latest updates provided by Mr Ernst (Vice-President International and Legal Affairs). The Netherlands added that the role of the Office was to provide a consistent service and asked how data protection rules would apply if employees worked from their home country. Without specifically addressing the expatriation allowance, the Netherlands wondered whether the generous compensations and benefits would still make sense with teleworking. Finally, in its view Information Security would be at risk because it would also depend upon the behavior of employees working in other EPC Contracting States.

Denmark

Denmark stated that teleworking may become irreversible and that the Building Investment Program should be adapted accordingly. In its view, the Office should not have been so generous in granting teleworking at the beginning of the pandemic. The duration of the pilot should be reduced with a yearly revision. Otherwise, it would be difficult for the Office to solve potential problems arising from a lack of consistency in the work and quality. The minimum presence of 40 days in the Office per year was too low and would endanger the sense of belonging. The 60 days of teleworking in another EPC contracting state combined with other leave would amount to almost 6 months outside the country of employment. In this respect, Denmark asked for a revision of the salaries and allowances. Finally, Denmark pointed out the lack of clarity in the limitation or suspension of teleworking (Article 7(4) of the guidelines) and the exceptional circumstances (Article 5(1)) triggering compulsory teleworking.

Other countries

Croatia supported the intervention of Germany, remained very skeptical with respect to IT Security with increased teleworking and wondered why the office was only lately applying for an ISO 27001 certification on information security management. The United Kingdom supported the idea of reducing the period of the “pilot” and asked whether the Building Investment Program would be postponed by another three years. Sweden, Italy and Finland supported United Kingdom’s view. Sweden noted that the concrete proposals made in the guidelines were far-reaching. In its view, the world is fast-changing and a pilot project should therefore be shorter. Italy asked for a benchmark with other International Organizations (European Commission, WIPO, EUIPO). Although supportive of the document, Spain also acknowledged risks in the sense of belonging. Switzerland warned that staff might use German IP addresses not corresponding to their actual location to circumvent the rules. It also saw a risk of unequal treatment among staff in the application of the rules leading to an increase in conflicts at the EPO.

Conclusion

The 169th session of the Administrative Council in December 2021 showed again that the topic of the New Normal remains controversial with the potential to drift into a governance crisis and further attacks on staff working conditions. Today, there is no certainty as to whether these issues will be solved in the March or June 2022 Administrative Council meetings, or even later in the future. More than one year after the Willis Towers Watson survey, the New Normal topic is now back to square one.

The Central Staff Committee


Notice that they describe as "too generous" the working conditions that already deteriorate, along with salaries. So the motivations or the rationale of the sceptics may be exceedingly insincere. Is there a glimmer of hope for oversight? Or does the Council want the Mafia (running the Office) to be even crueler to the staff?

Recent Techrights' Posts

XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
 
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025