tag:blogger.com,1999:blog-5574479.post2596353210456150879..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: BREAKING NEWS: EPO Communique -- Boards of Appeal "independent in principle"; "precautionary" suspension approved; concern "expressed"Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger163125tag:blogger.com,1999:blog-5574479.post-70145292831976003102014-12-28T11:31:44.721+00:002014-12-28T11:31:44.721+00:00It is entirely appropriate that the EPO examiners ...It is entirely appropriate that the EPO examiners speak out anonymously. Or do you think otherwise George?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20106742544994892462014-12-18T15:56:41.953+00:002014-12-18T15:56:41.953+00:00It is rare that I grumble about comments, although...It is rare that I grumble about comments, although the invisibility cloak of "anonymous" is always an irritant, because you cannot properly evaluate the context in which the writer writes. Anonymous at 08:34 is almost choking on his/her frustrations and is not even able to write coherently. <br /><br />Please be reminded that reading the IPKat blog is not compulsory, suffering is not necessary. But those who are professionally and human rights concerned should read it in these times of unrest and consider what action to take.<br /><br />I am essentially clueless, but I contribute under the delusion that being "anonymous" in the header and signing under my own name somehow leaves me out of certain search engines. I may be wrong, but "blogger" does not have a field that fits me.<br /><br />Please consider the environment before you blog again, anonymous at 08:34 GMT!<br /><br />I won't be frustrated if the present comment does not make it onto the comment page! But at least consider it a grateful appreciation of your hard jobs as moderators.<br /><br />Kind regards,<br /><br /><br />George Brock-Nannestad<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78279437810818122012014-12-18T08:34:20.165+00:002014-12-18T08:34:20.165+00:00We should be grateful it is difficult for EPO staf...We should be grateful it is difficult for EPO staff to communicate with the outside world . Think of how many hundreds more bleeding-hearts stories we would be have to suffer on this blog.<br /><br />Unless, of course, their trouble communicating is their inability to the blog security that they are not robots. If everyone had to prove they were not sheep, it would be like the Marie Celeste on this website.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58990655993413552892014-12-18T07:55:22.575+00:002014-12-18T07:55:22.575+00:00Re. Communicating - you should have mentioned that...Re. Communicating - you should have mentioned that if you are under investigation, by the internal investigation unit, you are expressly forbidden from telling anyone internally other than one member of staff representation. You can tell your spouse and an external legal rep, who cannot however act for you at the EPO in any disciplinary proceedings. Of course, this is based on preventing harassment et Al of complainants and to give you protection for innocent until proved guilty. Apparently. In practice it makes all acts of the investigation unit secret and isolates people at moments of greatest stress and fear, particularly when they are obliged to supply all information, even if it is incriminatory or against their own best interest.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-84590662189370504852014-12-17T22:48:49.789+00:002014-12-17T22:48:49.789+00:00„We do not know if there is any possibility of com...„We do not know if there is any possibility of communicating with the outside world, once you are inside the EPO“<br /><br />There is, but it’s quite risky. Once you’ve been an examiner for a while, you get completely dependent on the system. Not only your monthly salary, but your entire social security scheme depends on the goodwill of the European Patent Office – and thus on the goodwill of the president. If, for whatever reasons, the president decides to get rid of you, there is no social security net you can rely on, no judicial control and no independent court to appeal to in case of arbitrary or unfair treatments. You are left without health insurance and without unemployment compensation, even your pension can be subject to disciplinary measures. Furthermore, when you’ve been examining patent applications for several years, it might not be easy to find a job in industry, due to rather different job profiles. <br /><br />The recent cases of two employees who were suspended only became publicly known because these two had special duties (the first was representing staff during internal appeals and the second employee was a member of the boards of appeal). However, recently, several other employees were removed from the office as well, and many others are being sanctioned and put under pressure.<br /><br />As all EPO employees and their families are completely at the mercy of the president, communication with the outside world is effectively prevented without the need to block private communication means. Given the current management style prevailing at the European Patent Office (reign by intimidation and by dreadfully sanctioning individuals for the slightest reasons, in order to scare off all others), EPO employees are very cautious about communicating with the outside world. <br /><br />Therefore, it's kind of a closed system, with only the tip of the iceberg visible from outside of the office.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-24152660701555712922014-12-17T16:26:00.628+00:002014-12-17T16:26:00.628+00:00This communique has been published on the EPO page...This communique has been published on the EPO page, supposedly issued by the secretariat of the Administrative Council. Is it reasonably conceivable that the EPO's communication department took the precaution of "polishing" it beforehand? Those who know president battistelli know too well he is customary of extreme brutality. His last audio recording tends to prove it. Once faced with the fait accompli, the AC could not publish a dementi without opening the EPO Pandora box.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-56590270691276720992014-12-17T10:35:55.576+00:002014-12-17T10:35:55.576+00:00"Alas, Anonymous @ 10:53 has violated the ant..."Alas, Anonymous @ 10:53 has violated the anti-Goodwin corollary."<br /><br />This is not really "Godwin" territory ... <br /><br />More like the DDR ... :-)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-82362684900178773512014-12-17T10:31:57.389+00:002014-12-17T10:31:57.389+00:00@MaxDrei
That's the problem BB thinks he is t...@MaxDrei<br /><br />That's the problem BB thinks he is the CEO of a production plant.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-80637355687463084382014-12-17T08:07:53.075+00:002014-12-17T08:07:53.075+00:00Back in 1973, when the EPC was done, there was sup...Back in 1973, when the EPC was done, there was supposed to be a regime for dealing with patent matters post-issue. But that proved to be politically too difficult so it was shelved. Till now though, the EPC, half an EU patent regime loaf, has been much better than no loaf at all. Manifestly, the other half of the loaf is no more malleable today than it was in 1973. On the contrary. It has got progressively harder. Indeed, it seems now to be destroying the EPC.<br /><br />And as to the EPC, we are learning now, what it looks like, when pigeons come home to roost (and to shit all over the shop).<br /><br />The thing about patents is that the consequences of drafting failures are often not seen till 20 years later (if at all). With patent conventions it seems, it takes even longer.<br /><br />With patents, it is dangerous enough for the nurture of the property, and for orderly decision-making, when even just two parties share in its ownership. The EPO has 38 owners.<br /><br />After President BB has departed the EPO, we shall then be able to appreciate what sort of a legacy he has left behind him. Chin up though. Politicians (unlike CEO's) are reputed to care about their legacy.<br /><br /> MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-57168067215226174512014-12-17T00:00:27.843+00:002014-12-17T00:00:27.843+00:00Thank you, Fairfly, these questions are essential ...Thank you, Fairfly, these questions are essential and more pertinent than those that I asked! Will anybody dare answer them?<br /><br />Kind regards,<br /><br /><br />George Brock-NannestadAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26626834404004162012014-12-16T20:00:48.718+00:002014-12-16T20:00:48.718+00:00The Council [...] agreed to set up a Council Disci...<i>The Council [...] agreed to set up a Council Disciplinary Committee.</i><br /><br />Under what rules of procedures would this so-called Committee operate? Is it a court?<br /><br />Who will initially select the kangaroos that will sit (or hop) on that committee? On what criteria and instructions? Will they be confirmed by a secret ballot?<br /><br />Will the proceedings be public? Contradictory?<br /><br />What kind of evidence can be presented against the accused? Testimonies? But if everyone is under the thumb of the president, who will dare speak up for the accused? <br /><br />Will/was the accused be interrogated by the president's goons acting under the infamous "investigative guidelines"?<br /><br />Which law should apply for judging the alleged offense of the member of the Board? <br /><br />Will a retroactive "EPO criminal code" be concocted to judge the alleged offense? (<a href="http://dejure.org/gesetze/GG/103.html" rel="nofollow">Art. 103(2) of the German constitution</a> prohibits Ex Post Facto laws. So does <a href="http://www.europarl.europa.eu/charter/pdf/text_en.pdf" rel="nofollow">Art. 49(1) of the EU Fundamental Rights Charter</a>.)<br /><br />What is the nature of the offense committed? Rumor is that it may have been thoughtcrime...<br /><br />Will the accused be allowed to be assisted by an outside counsel?<br /><br />Who will draft the accusation act? The president? VP3? Both together? But how can VP3 act credibly in this matter if he was deemed in R19/12 to be a creature of the president?<br /><br />If the composition of the boards concerned is modified, does this mean that DG3 followed presidential instructions?Roufousse T. Fairflynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38967957575175198952014-12-16T16:58:18.061+00:002014-12-16T16:58:18.061+00:00@ anon Monday 19.35
Well, you might be a good man...@ anon Monday 19.35<br /><br />Well, you might be a good manager at the office: equate performance with production figures, ignore the interrelation between quality and quantity - don't even need to be brainwashed :-)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-77766939325572334602014-12-16T14:01:44.072+00:002014-12-16T14:01:44.072+00:00Re:
„Refer to amicus curiae letter from anonymous...Re: <br />„Refer to amicus curiae letter from anonymous dated 28.11.2014 in case number G 03/14, section 6.4, paragraph 6, putting it in a nutshell: efficiency, cost-effectiveness, staff reduction, reduced actually time needed for each case. <br /><br />=> This necessarily leads to more clarity and insufficient disclosure objections and rejections in order to avoid time consuming and thus costly patentability discussions.“<br /><br />This appears to be an obvious abuse of the legal frame.<br /><br />You should better find at least one relevant document in order to force the applicant to file amended claims. Then, it will in most cases possible to reject the application due to Art. 123(2) EPC violation, i.e. added subject-matter, or an intermediate generalization.<br /><br />These rejections will most likely be approved by the Boards of Appeal as the Boards neither are in a position to get into patentability details to much. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58715556918825784652014-12-16T12:57:50.487+00:002014-12-16T12:57:50.487+00:00B ad poetry don't come easy you know
L ittle b...B ad poetry don't come easy you know<br />L ittle bit of doggerel to go<br />O nly short but very nifty<br />G ets us up to 150!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-69042014362828129762014-12-15T22:25:16.133+00:002014-12-15T22:25:16.133+00:00I think when Alison Brimelow was head of the UK pa...I think when Alison Brimelow was head of the UK patent office she introduced an aspect of performance related pay into the salary system. Do any of the users here have an impression that it had any effect on the quality of the patents granted?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76256708604926897812014-12-15T21:48:15.624+00:002014-12-15T21:48:15.624+00:00There are some comments about the easy life of an ...There are some comments about the easy life of an examiner and some sarcastic comments about the concerns we, examiners, are living nowadays. I could make some comments about representatives and applicants, but, as any generalisation is unfair, I will refrain and I will maintain the professional approach that I normally apply in my daily examiner work.<br /><br />A patent is a legal document that needs to fulfil some legal criteria. The patenting procedure is ruled by certain legal requirements too. All patent offices are ruled by strict legal requirements. It is clear that in the affair dealt with in the present post basic legal requirements have been completely and arbitrarily overruled, and the major supervising body has limited to protect the "one of us".<br /><br />Does anyone of the present commentators, including the ones posing some irony on the 'whiny' examiners, think that this can be let go without consequences? Well, if our top managing body acts with such lack of due care to the EPC they are supposed to respect and make respect, why should examiners act more carefully in the application of the law? Our managers are not an example to follow, right?<br /><br />Well, do not worry. Maybe there is more profesionalism in the base than in the head of the organisation. We plan to work 30-35 years at the EPO and it is our main interest to respect the rights of the parties involved: the applicants and the public. We have very clear the concept that they are above the present conflict and should not be affected by the present mismanagement. <br /><br />On the contrary, the president, the recent VPs and the delegates in the AC are there to serve themselves, their political carrier, their NPO with an insane short sighted view. <br /><br />Reforms are possible and even positive. But when you need to dismantle all the controlling bodies (internal audit, internal consultive bodies, internal appeal system, staff representation, staff communication, right to strike), when you need to impose your control on all decision - making levels and when you need to impose a fear atmosphere on your subordinates (investigation unit, deprivation of basic defence rights -the investigation unit can initiate an investigation on request of the president without the need of having proofs that a misconduct has been produced; they can simply investigate to try to find "something"-, lack of effective judicial protection -the president decides on any internal appeal and the only alternative is AT-ILO, in which your case can take more than 10 years to be treated-), I bet that anyone can understand that something is really wrong in some of said reforms.<br /><br />You have witnessed how the president behaved in the case of the suspension of a BoA member and how he and the AC have over passed any legal requirement. Well, you have only seen the top of the iceberg. Imagine what is hidden under the surface of the sea and givethanks that the mmajority of the staff is working with professionality with respect to the public we serve. <br /><br />Even when, sometimes, we have to dig into ununderstandable machine translations, in our own databases and provided by some organisations and NPOs, of Asian documentation that we should consider before granting a valid patent.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-87698330649273728812014-12-15T21:36:16.313+00:002014-12-15T21:36:16.313+00:00A survey showed that registering a patent in eight...<i>A survey showed that registering a patent in eight countries for a ten-year period costed on average around 30,000 EUR.</i><br /><br />And this price must cover the costs incurred by all those applications that NEVER issue, i.e. <i>the vast majority of them</i>, since the EPO must be self-financing.<br /><br />It also pays for the functioning of DG3, whereas opposition and litigation before your national court will normally be borne by the public purse. (Depending on the country, in full or at least in part).<br /><br />That lavish annual junket called "inventor of the year award", which doesn't contribute anything to grant statistics, is also paid for by those fees.<br /><br />That money buys grade-A real estate right in the center of Munich. (BTW, entrusting the new building to a starchitect who is known even better for his <a href="http://www.lefigaro.fr/culture/2013/10/21/03004-20131021ARTFIG00266-architecture-retour-sur-terre.php" rel="nofollow">cost overruns</a> than his construction is worrying.)<br /><br />It also provides a massive indirect cross-subsidy to national procedures, and there is also the cost of getting all those delegations behind the president of the day, no matter what...<br /><br />The attorney cost quoted would be charged to both applications that issue, and those who don't. But does this number cover drafting, or is that typically done abroad? (The majority of EP applications stem from overseas). And does the representative provide real advice, or merely bounces all correspondence back and forth with Milwaukee or Minneapolis?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78658207575804496042014-12-15T21:15:12.934+00:002014-12-15T21:15:12.934+00:00Anon 1935.
I am giving up.
There is nothing we ca...Anon 1935.<br />I am giving up. <br />There is nothing we can say to convince you guys that performance-related pay was simply wrong for the EPO.<br /><br />We'll just have to accept our new pay structure and get a rich bonus in 2015 on top of our current salary because of our increased production.<br /><br />Do you still find it entertaining ? I do not. <br />Money isn't everything, a fulfilling job counts more. And I had been lucky enough to have one until now.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15139020927062169642014-12-15T20:42:26.827+00:002014-12-15T20:42:26.827+00:00144 comments...
That's just gross.144 comments...<br /><br />That's just gross.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41219838926884782702014-12-15T19:35:52.449+00:002014-12-15T19:35:52.449+00:00I find the examiner's view of the world quite ...I find the examiner's view of the world quite entertaining: a remark about their cushy lifestyle is dismissed as "petty", yet the introduction of a pay system which expects performance for promotion means "the end of the EPO" :-)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-65448306349729035462014-12-15T17:49:01.788+00:002014-12-15T17:49:01.788+00:00Anonymous @ 16:59:
You are not paranoid if they r...Anonymous @ 16:59:<br /><br />You are not paranoid if they really are out to get you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-70792335943291827232014-12-15T16:59:39.999+00:002014-12-15T16:59:39.999+00:00George, I was going to read your post to see why I...George, I was going to read your post to see why I shouldn't accuse examiners of whining, but you went into looniness (no offence intended) too quickly with you mobile-phone blocking etc. I couldn't risk carrying on to hear about the secret room hiding Lord Lucan and the thousands of "missing" nazis from WWII added for the sake of ensuring silly theories can continue).<br /><br /><br /><br />Time to call time on this story, PLEASE!!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-82225800391517889762014-12-15T15:41:28.884+00:002014-12-15T15:41:28.884+00:00(comment part 2)
Do not expect any help or reactio...(comment part 2)<br />Do not expect any help or reaction from the AC. The chairman, who is the head of the Danish patent office, became notorious for only supplying statements in favour of the arrangement during the massive campaign early 2014 for premature Danish ratification of the UPC and Patent with Unitary Effect and for not giving a balanced view and prediction based on the statistics available. In this he as a loyal civil servant only followed the policy in several areas of society, in which the present Danish government has replaced a professional approach with productivity. The areas where this has already been carried out are in completely revamping the Danish primary school system and the Danish primary health care system: acts were passed through parliament that removed the professionals’ influence on professinal decisions. And seeing similar revisions of the working of the EPO through the AC is second nature to this kind of civil servant. <br /><br />It is a great pity, because this chairman showed huge promise in his first period, arguing for division of EPO labour with EPC member state patent offices, which would both increase throughput of the EPO system and maintain a technical standard in the participating patent offices. Of course, with those eventually disappearing with the introduction of the UPC/Unitary system that has become irrelevant. The neatest solution would be to oust the present president and to become one oneself. But apparently time is not ready yet.<br /><br />Revisiting all the IPKat blogposts and their respective comments since 2 December 2014 (Unrest in Eponia as staff take to the streets) – a Word document of 105 pages – I see a picture emerge. The image is drawn of an Eponia, and the Eponian society is described in terms that remind me of Deutsches Reich from 1933-45, or Deutsche Demokratische Republik from 1949-90. But perhaps it is more akin to Jehovah’s Witnesses.<br /><br />Now, in those societies there were a lot of people who just ducked their heads and got on with daily life – I am certain that this is also the case in Eponia. The difference between Eponia and the oppressive states mentioned above is that it was possible for foreign observers to enter the states and write independent reports. This is not possible here. Not that such observers really helped: Leland Stowe was a correspondent for the New York Herald Tribune and his series of articles in 1933 were collected in a book that did not appear in the US: “Nazi Germany Means War”, but which was translated into a few European languages. As we know, his predictions were not reacted on.<br /><br />Are the century-old principles upon which modern (non-US) patent law is built to be maintained, or will their embodiment in the EPC also suffer the scourge of modern times: mass production?<br />(end of part 2)<br /><br />Equally worried regards,<br /><br /><br />George Brock-Nannestad<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78323683392049537132014-12-15T15:39:23.218+00:002014-12-15T15:39:23.218+00:00
(comment part 1)
I don’t like the pettyness of so...<br />(comment part 1)<br />I don’t like the pettyness of some of the comments, such as what kind of car people drive, unless it can be proven that such cars have been acquired through corruption. The pay people get for being in an international environment is no different from the pay given in organisations such as the United Nations or even the EU, outside your own country. And I find it completely unreasonable to call some of those examiners who have had to express themselves anonymously as “whining”.<br /><br />I think we get to know far too little about life at the EPO to be able to comprehend the situation. Even with 2-300 comments on various IPKat posts, the comments are not representative.<br /><br />What further do we not know? We do not know if there is any possibility of communicating with the outside world, once you are inside the EPO. Equipment exists that is quite able to block mobile phones, or to eavesdrop on any mobile phone conversations and to read all outgoing mails – the mere fact that they appear as gibberish (encryption) will make them subject to suspicion. It has been stated again and again that there is “abolishment of communication channels from staff reps to staff (email, paper, etc.)”. How is that possible? Why do those who need to communicate not do it outside the EPO outside working hours?<br /><br />We also do not know who the “gorillas” are that escort people out. Are they of the type we knew from Blackwater (Iraq-style)? What is their remit, what is the legal basis? Do they use handcuffs? Are there holding cells inside the EPO for these people until they can be moved without observation, or is observation of the escort intended as an intimidating measure? Are the residences of banned people watched by private detectives?<br /><br />There is no doubt that prosecution of applications will suffer, because there will be a general sense of disheartening with the situation. That will always be to the detriment of the applicant, because creating the UPC has not done a proper job. There is still no legal recourse for a rejection of an application/European patent after appeal. That is something you have always had in national patent law. You need a proper diplomatic conference for doing a proper job, and the way the EPO is now being re-moulded we really, really need one.<br /><br /><br />(end of part 1)<br /><br />Worried regards,<br /><br /><br />George Brock-NannestadAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-48325244136195159422014-12-15T14:12:58.260+00:002014-12-15T14:12:58.260+00:00Anon 13:12 - is there any way of getting "big...Anon 13:12 - is there any way of getting "big industry" involved via, for example, the IP federation (UK), or VPP (DE)? Where are all the big IP bodies in this debate?<br /><br />He who pays the piper calls the tune. Anonymousnoreply@blogger.com