Bonum Certa Men Certa

Patent Justice at the EPO is as Bad as Justice for Workers

So the UPC is a Dead Man Walking, Surely?



Summary: A look at the sad state of justice for EPO workers and the effect of brain drain combined with work pressure on the quality of work

HAVING published nearly 2,500 posts about the EPO, we have enough evidence to show that the EPO has, especially in recent years, been treating its workforce like dirt. Staff must never be treated like dirt. Many of them feel it. Many are depressed.



The EPO's management, moreover, lies as a matter of routine and always gets away with it. It now lies (by omission) about the latest ILOAT decisions. To quote a new comment:

It should be remembered that the ILO-AT is an adminstarative [sic] tribunal and not a court of justice – it checks that the procedural aspects were correct but not that the judgement was just.

One point to note. The EPO publishes internally a summary of the ILO decisions. In the current round, some important decisions were, exceptionally, pronounced early in December while the remainder were pronounced last week. The summary by the EPO mentioned all the cases the management had won but none of the ones they lost. Additionally commentary was given which aimed to deter filings at the ILO by suggesting that it was a waste of time and wasted the tribunals time. That the decisions against management were not worthy of comment says it all since those decisions highlighted the corruption of internal justice where the accuser was also leading the prosecution case and advising those who sat in judgement. One would have thought lessons could be learnt and at least some token gesture would be made to recognise managerial errors and promise to improve. Apparently not.

One last point. The decisions which went against the judge and the union rep included decisions against intermediate steps (asking for but being refused return of confiscated personal property (a USB stick) and refusal to investigate harassment by the internal investigative unit). In both cases the tribunal considered that these were part of a procedure which was ongoing but not concluded (at that time). Interesting precedents which give carte blanche for abuse since if one wins a case, no matter how unlikely, there will be no opportunity to appeal and hence no justice for usually unallowable behaviour.


There's no justice for EPO workers, neither at the IAC nor ILO. One begins to wonder if there's patent justice at examination, oppositions, the Boards and the envisioned UPC (all of which Battistelli always controls or hopes to control). The perceptions of both justice and independence are farcical.

Earlier this week Initiator Pharma said it had received "an Intention to Grant notice in Europe," alluding to the EPO. A Danish company's collapse some days ago, not to mention the CRISPR patent, should give them reason for pause. "Don't get too excited," I told them, as the EPO "receives many oppositions, makes lots of errors [and thus] you get fool's gold..."

European Patents no longer come with the same value or level of legal certainty. They just don't. The examiners work faster and many of the experienced examiners have left or got sacked. It's not a pretty picture. The so-called 'reforms' have been crazier than anything we've even seen at the USPTO, with patently ridiculous concepts such as Early Certainty (as if one can determine patentability before actually doing the full assessment/examination/prior art search). Finally, if not belatedly, large corporations are expressing concerns about the EPO's approach. According to this report from a few hours ago:

Following critisism [sic] from the industry, the European Patent Office has drafted a proposal to allow exemptions to its Early Certainty Initiative. Industry associations had pressed the EPO not to limit the time to grant a patent to 12 months arguing it would have detrimental effects on the life sciences sector.

[...]

This is especially true for the life sciences sector who had voiced concerns over the past year that a 12-months examination time could block innovation and harm the whole sector.


We have already seen prominent attorneys too expressing concerns about Early Certainty. What clients want is legal certainty, not "Early Certainty" -- whatever that even means in practice. Weickmann & Weickmann PartmbB has just published this sponsored IAM piece titled "EPO revises examination guidelines: key aspects for applicants" in which it says that one "amendment is a way for the EPO to further streamline examination proceedings for applications. Therefore, it is expected that at least some examiners will readily make use of this new possibility."

Examiners aren't flexible; their hands are tied by an authoritarian management and line managers who were selected and promoted based on loyalty rather than skills. All they now care about is so-called 'production', as if the goal of a patent office is to grant as many patents as possible. As the EPO lowers patent quality, staff quality, and quality of procedures (recipe for disaster) we're left wondering in what state -- if any at all -- the EPO will be a decade from now.

Recent Techrights' Posts

The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
 
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
Guardian Digital, Inc (linuxsecurity.com) Leveraging Microsoft Chatbots to SPAM for Microsoft (Googlebombing "Linux")?
Welcome to the Web in 2024. Search for "Linux" news, get Windows garbage.
Smallest Number of New Debian Developers in More Than 2 Years
Maybe Debian should recognise there's a problem instead of trying to censor - at humongous expense - those who speak about the problem
Slashdot's "Linux" Section is Reposting Press Releases for Red Hat
Is this being paid for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 01, 2024
IRC logs for Saturday, June 01, 2024
Links 01/06/2024: Microsoft Chaffbot Broken Out of Control
Links for the day
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day
The War on Free Software Reporters - Part II - Antisocial Mobs
how various GNU/Linux bloggers got "canceled" over the years
Microsoft's Share of Physical Web Servers Fell From 9.14% to 9.04% in One Month
What's interesting to us is how Microsoft continues moving down in everything measured
Links 31/05/2024: Escalations in Ukraine and Russia, National Reporter's Shield Law in US
Links for the day
Links 31/05/2024: Generating and Using Identifiers, Why Unicode
Links for the day
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: In Summary
Some high-profile examples of defamation include Linus Torvalds, Richard Stallman...
[Meme] Never "Missing Out" in FOSS Conferences
The sexists who objectify women and bully women are going to FOSS events in pursuit of sex, according to themselves
Racism, Ageism, and Ableism at IBM/Red Hat and Kyndryl
IBM's Kyndryl is now accused of "racial, age, disability discrimination"
The War on Free Software Reporters - Part I - Why Techrights Cannot be Censored (and Won't be Censored)
Microsoft remains by far the biggest culprit
In Spite of Boot-locking (Trying to Make It Hard If Not Impossible to Install BSDs and GNU/Linux on New PCs) Microsoft's Grip is Rapidly Slipping
Escaping the Microsoft prison
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 30, 2024
IRC logs for Thursday, May 30, 2024
Microsoft's Problem in Puerto Rico
Notice how much Windows has fallen
Gemini Links 31/05/2024: MNT Pocket Reform and Benben v0.5.0
Links for the day
"I once preached peaceful coexistence with Windows. You may laugh at my expense -- I deserve it." -Be's CEO Jean-Louis Gassée
Execution of Red Hat: But I helped promote Azure and .NET
In Many Countries Vista 11's Market Share Goes Down, Not Up (Even Microsoft-Funded Mainstream Media Admits This)
More people are moving to GNU/Linux