Bonum Certa Men Certa

The EPO Can Never and Will Never Recover If It Fails to Communicate With People Who Actually Understand the Job of a Patent Office

The EPO isn't a cash register, it's supposed to function like a patent office (with only legitimate European Patents)

EPO Rating Cartoon
Image creator unknown. Contributed by a reader 2 years ago.



Summary: Months after the Office (Europe's largest patent office) cut off communications with the union of staff it informally does the same with internal staff representatives; there seems to be no person with real understanding of patents participating in decision-making processes

PRESIDENT António Campinos (or 'RESIDENT EVIL') is no longer trying to impress anyone. Why would he? Staff is well aware that it's another flavour (or colour) of Benoît Battistelli -- moreover one who was shoehorned into this presidency by Battistelli himself.



"The Central Staff Committee (CSC) of the EPO has been doing spectacular work."The only remaining question is, what's staff going to do about it?

The Central Staff Committee (CSC) of the EPO has been doing spectacular work. So has SUEPO, which of course supports the CSC (and vice versa, unlike the yellow union nobody hears about anymore).

The other day the CSC wrote and then disseminated among staff the latest letter about the notorious 'New Normal', which basically strives to normalise abnormality and illegality [1, 2]. That's not to say that normalcy/normality is possible after the pandemic, but at the same time crushing the rule of law is universally unacceptable.

"That's not to say that normalcy/normality is possible after the pandemic, but at the same time crushing the rule of law is universally unacceptable.""No consultation in sight on the orientation paper," the CSC moaned, basically repeating what the staff became accustomed to hearing. The gist of it is, Campinos fakes dialogue, hardly even simulating or emulating any. The president's pretence is revealing. He's an "empty suit"... he himself knows it. "No more Mr. Nice Guy..."

"Mr Campinos rightly points out that “Towards a New Normal” is an orientation document addressing issues that stand to affect a vast majority of our colleagues considerably," the CSC told staff. "It is all the more surprising that the only “consultation” he considers necessary is to give the “opportunity to give further input” to “stakeholders”, which will be assessed for inclusion in the final draft of the document."

What "inclusion"? Nowadays when the EPO speaks of inclusion it means a bunch of fluff that helps distract from the corruption of the EPO's management. Either way, as the letter below puts it: "You mention that 900 colleagues have followed your invitation to submit input and have contributed. We have no intention of following the invitation of your Principal Director Communication and making the 901st written contribution."

"...back in February (or thereabouts) the Office cut off communications -- except informal -- with the union, SUEPO, but now it informally does the same with the Central Staff Committee (not union but internal staff representation)."Guess where Principal Director Communication comes from...

"Proper good-faith statutory consultation must allow a reasonable amount of time for the consulted body to discuss the issue, have its principal questions answered and provide reasoned advice or recommendations," the CSC continued. "The proposed exercise, i.e. merely sending “further input” to an email address, lacks essential features of a genuine consultation. External stakeholders have also long understood that such a call for input is more of a communication exercise than a consultation."

It's all PR, a face-saving exercise of an autocracy advised by Principal Director Communication, an Iberian Joseph Goebbels of sorts.

"The final draft will be submitted to the Administrative Council (AC) in June and gives a basis for making further proposals in the future," the CSC said, but "Mr Campinos apparently intends to continue the bad habit of the past, which is to get a favourable opinion from the Member States on a vague orientation and use it to confront staff and their representation later with faits accomplis, arguing that the AC has agreed on the orientation anyway."

This is similar to what they said in the open letter, which is available herein as simplified HTML.

Reference: sc21053cl-0.3.1/ Date: 28.04.2021

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR - R.1081

OPEN LETTER

No consultation on New Normal orientation paper

Dear Mr President,

Thank you for your letter of 22 April!

You rightly point out that “Towards a New Normal” is an orientation document addressing issues that stand to affect a vast majority of our colleagues considerably. It is all the more surprising that the only “consultation” you consider necessary is to give the “opportunity to give further input” to “stakeholders”, which will be assessed for inclusion in the final draft of the document.

You mention that 900 colleagues have followed your invitation to submit input and have contributed. We have no intention of following the invitation of your Principal Director Communication and making the 901st written contribution.

In plain language, consultation should be the process of discussing something with someone in order to get their advice or opinion about it1. In legalese, proper good-faith statutory consultation must allow a reasonable amount of time for the consulted body to discuss the issue, have its principal questions answered and provide reasoned advice or recommendations2. Your proposed exercise lacked essential features of a genuine consultation. External stakeholders have also long understood that such a call for input is more of a communication exercise than a consultation3.

____ 1 See Cambridge Dictionary 2 See e.g. ILOAT Judgment No. 4230 3 See the Article “Will the EPO still be normal under the „New Normal“?” in Kluwer Patent Blog: “...The language used throughout this document is woolly at best, occasionally suspiciously close to the language used in the infamous communications of the Ministry of Truth in Orwell’s 1984...”




You mention that the final draft will be submitted to the Administrative Council (AC) in June and give a basis for making further proposals in the future. From this we infer that you intend to continue the bad habit of the past, which is to get a favourable opinion from the Member States on a vague orientation and use it to confront staff and their representation with faits accomplis, arguing that the AC has agreed on the orientation anyway. This paves the way for far-reaching reforms that will undoubtedly affect the conditions of employment and the working conditions of staff, on the basis of a document that has bypassed meaningful consultation.

We have stressed the need for consultation in numerous papers and letters4. We regret that you are making less and less effort to maintain a semblance of social dialogue, particularly on the issue of “New Normal”.

This notwithstanding, we make here a final call for consultation.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee

____ 4 See e.g. ● “New Normal” An opportunity to focus on EPO staff; ● Workplace concept – Need for a strong “business” case; ● “Towards a New Normal” orientation document - The Staff Representation is ready for dialogue...


As we pointed out before, back in February (or thereabouts) the Office cut off communications -- except informal -- with the union, SUEPO, but now it informally does the same with the Central Staff Committee (not union but internal staff representation). The Chairman isn't amused and the change of tone is glaringly obvious, e.g. "we make here a final call for consultation." (Sounds like an ultimatum of sorts)

Recent Techrights' Posts

Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
 
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year