tag:blogger.com,1999:blog-5574479.post2882999192361420418..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: EPO AC says no to Battistelli & yes to the rule of lawVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger114125tag:blogger.com,1999:blog-5574479.post-44258363029189624442015-11-19T01:03:23.041+00:002015-11-19T01:03:23.041+00:00And the latest news from BB and Lutz, is that the ...And the latest news from BB and Lutz, is that the union representatives of Vienna, have also been suspended. Now BB can move DG3 to Vienna, and those that he wants to keep from Vienna can be moved to Munich, the rest of the Vienna staff will be dumped. This person wants to ruin the lives of nearly 300 employees. There are practically as many people ill within the office, as are working. <br /><br />Thank you BB and Lutz.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-91092520258234624432015-11-17T06:05:24.530+00:002015-11-17T06:05:24.530+00:00Freedom values for Europe according to BB.
Here is...Freedom values for Europe according to BB.<br />Here is the SUEPO communique:<br /><br />Many of you have called or written enquiring about what has happened to the Staff<br />Representation last Friday, and offering support. We are grateful for this.<br />What we know from how the events panned out is this:<br />• Jesus was picked up from his office by President’s emissaries. Upon return, he was<br />visibly shaken and appeared to have suffered a nervous breakdown. Medical help<br />was called, and he had to be wheeled out of the office in bad shape. He appears to<br />have been subjected to severe, concerted and wilful pressure, especially intended<br />to harm and destabilise.<br />• Laurent got or was scheduled to get a similar treatment. Noticeably distressed, he<br />had to rush for medical help externally.<br />• The other members of the Staff Committee who witnessed the event were also<br />deeply perturbed.<br />Given the regulations in place, our colleagues are not in a position to inform anyone, so we<br />do not know the Office’s reasons or pretexts for targeting them. However the succession of<br />events strongly suggest that it was in relation to their duties.<br />Staff representatives and union officials should be able to perform their statutory tasks<br />without the danger of reprisal, much less danger to their health. In addition to medical<br />care, steps will be taken to ensure that appropriate legal representatives are informed and<br />instructed to act. Criminal endangerment of the health of staff members is a clear violation<br />of the Office’s duty of care and amounts to crossing a line. All those involved in this<br />dereliction of duty will have to assume the responsibility for their choices.<br />We will inform you asap on any further developments.<br />Please stay tuned and alerted, and contact us if you have any input.<br />The SUEPO Committee The HagueValuesnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-84652107122040759872015-11-16T22:00:49.818+00:002015-11-16T22:00:49.818+00:00Yes, to the rule of law?? In the EPO??
Suepo is to...Yes, to the rule of law?? In the EPO??<br />Suepo is today reporting that last Friday a further two members of the Staff Committee were to be picked up for meetings with the Investigation Unit, the unit which reports to BB, his own private unit. That happened on Friday and while no details can be given by the subjects to anyone about what was the topic (to do so is forbidden by the EPO and would lead to further disciplinary measures), Suepo reports that one of them returned 'visibly shaken' and 'appeared to have suffered a ...breakdown'. Since none of them are native English speakers, the exact nature of this is unclear but 'Medical help was called' and the person 'was wheeled out of the office in bad shape'. The second member was due to be interviewed but it's not clear whether this did or did not happen although the second member was apparently 'noticeably distressed' and 'had to rush for medical help externally'.<br />As I write this , quoting from suepo's exact words, I feel a bit sick about what these representatives are going through, no matter how exaggerated the report may be. They really don't deserve this. Nobody does, when they have no legal redress. In the great scale of this weekend, this is relatively minor but pious words on the EPO.org site about respect for democracy in response to the unrelated atrocities later in Paris slightly stick in the throat.Shockednoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-21583873197828197402015-11-01T13:36:18.851+00:002015-11-01T13:36:18.851+00:00New comments from Siegfried Bross: Germany should ...<i>New comments from Siegfried Bross: Germany should not have joined the EPC </i><br /><br />A bit late for him to be pointing that out now ...<br /><br />Cynical Examinernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76132313054070811872015-10-30T19:37:26.198+00:002015-10-30T19:37:26.198+00:00Vladistelli says...
Eat, drink and be scared!
Ha...Vladistelli says...<br /><br />Eat, drink and be scared!<br /><br />Happy Halloween Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-47925891169240479032015-10-30T16:36:14.997+00:002015-10-30T16:36:14.997+00:00Dieses-Verhalten-ist-inakzeptabel
@Concerned Exam...Dieses-Verhalten-ist-inakzeptabel<br /><br />@Concerned Examiner: Many even more concerned employees realize they should not have joined the EPO ... <br /><br />"Man looks in the abyss, there’s nothing staring back at him. At that moment, man finds his character. And that is what keeps him out of the abyss." (Lou Mannheim, Wall Street)<br /><br />"So, what you're telling me, is that the music is about to stop, and we're going to be left holding the biggest bag of odorous excrement ever assembled in the history of capitalism. " (John Tuld, Margin Call)<br /><br />Article 4a EPC, or the music will stop. Maybe not now, but in only a few years from now.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78954423307256685222015-10-29T16:04:54.485+00:002015-10-29T16:04:54.485+00:00Concerned Examiner says:
New comments from Siegfr...Concerned Examiner says:<br /><br />New comments from Siegfried Bross: Germany should not have joined the EPC:<br />http://www.juve.de/nachrichten/namenundnachrichten/2015/10/epa-disziplinarverfahren-verwaltungsrat-und-battistelli-handeln-ohne-rechtliche-grundlageAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-82516993796152714782015-10-25T00:03:51.625+01:002015-10-25T00:03:51.625+01:00From the techrights blog:
SUEPO Reiterates Call f...From the techrights blog:<br /><br />SUEPO Reiterates Call for Independent Mediation and “Doubts That There Can Ever be Social Peace With Mr Battistelli as President”<br /><br />http://techrights.org/2015/10/24/the-battistelli-and-the-frog/El Doctornoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62948797832474210952015-10-23T08:50:22.267+01:002015-10-23T08:50:22.267+01:00@'s-Hertogenbosch
Be careful with your predic...@'s-Hertogenbosch<br /><br />Be careful with your predictions. All bets are off.<br />The EBA may come to a decision sooner than you think.<br /><br />Their main concern appears to be to protect due process not mere procrastination as is being insinuated by BB and his assorted toadies, flunkies and lackeys and hired courtesans of the fourth estate.<br /><br />BB is still needed by the AC to push through a few final reforms but he is rapidly becoming a major public embarrassment.The Garden of Earthly Delightsnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-43416685238633025472015-10-23T07:54:33.242+01:002015-10-23T07:54:33.242+01:00I would have thought that the accused's five y...I would have thought that the accused's five year period as a member of a board would expire before the EBA reaches a decision. Since it is most unlikely that the President will propose an extension to this term, the end result will be the same.<br /><br />Wrote H. BoschAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22080753148361580862015-10-23T07:18:26.642+01:002015-10-23T07:18:26.642+01:00To A Cross Stick
Nunc quo vadis EPO
Semper spe, I...To A Cross Stick<br /><br /><i>Nunc quo vadis EPO<br />Semper spe, I don’t know<br />Latin rhyme a bit pretentious?</i><br />Yes it is, but sounds as though there is some substance behind it, hence its frequent use by lawyers, doctors, and others seeking to sound authoritative when wondering what the hell is going on. You are in good company.<br /><br />Anna ChronisticAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-81729481880878825632015-10-22T22:17:16.894+01:002015-10-22T22:17:16.894+01:00Mirabile dictu, extraordinary session cancelled !
...Mirabile dictu, extraordinary session cancelled !<br />Enlarged Board renders the President spancelled !<br />Leaving the Council in a difficult spot. <br />To pervert justice's course or not ?<br />Dastardly leaks to the press come next,<br />Observers of Eponia are completely perplexed.<br />Whatever next ? Who can claim to know ?<br />Nunc Quo Vadis EPO ?A Cross Ticknoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-27375682703610383482015-10-22T22:09:40.184+01:002015-10-22T22:09:40.184+01:00Around 18% of all the European applications that h...Around 18% of all the European applications that have ever been filed are still pending. <br /><br />Around 42% of all the applications that have ever been filed have been granted. <br /><br />The remaining roughly 40% were either refused (very few) or abandoned..<br /><br />If we stopped filing now it would take about five years for the EPO to work through the backlog (this may be an understatement).<br /><br />Delay did not arrive with this President, it is built into the system.<br />Meldrewhttps://www.blogger.com/profile/09841440718012449720noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-52580845889188890572015-10-22T21:44:16.590+01:002015-10-22T21:44:16.590+01:00VP1 delivered the product alright !
To the Financ...VP1 delivered the product alright ! <br />To the Financieele Dagblad !<br />Management Reviewnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-65346400543485789202015-10-22T20:17:38.816+01:002015-10-22T20:17:38.816+01:00I apologise if I appeared sensitive, but it gets a...I apologise if I appeared sensitive, but it gets a bit tiresome when it appears that applicants, attorneys and epsecially our own higher management all think that we're all a waste of space. I can assure you that the vast majority of us examiners do our best to do good work in a timely fashion...<br /><br />What people seem to forget is that, under the present President, we can effectively be sacked on a whim, with little or no comeback. That is a very unsettling environment to work in. Furthermore, we are expected to produce ever more "products" (that is how they are labelled by management) whilst at the same time being forced to use software which is so poor that it's bordering on a joke. Such an environment of pressure, fear and distrust is not conducive to us delivering a quality product, whatever the President and VP1 might choose to believe. We used to pride ourselves on delivering, and being given the time to deliver, patents that were worth something; unfortunately, that is apparently no longer what our beloved President and his toadies want or expect from us.kitkatnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72221590719852435872015-10-22T11:47:21.603+01:002015-10-22T11:47:21.603+01:00To Kitkat, if you waited years to get a search or ...To Kitkat, if you waited years to get a search or examination report and then had to read some of the unhelpful, or simply rubbish, objections I get to see, you might understand why. You might also like to bear in mind that while many of us recognise that EPO examiners appear to be coming under a lot of pressure from the EPO management, many of us work under at least as much pressure with the additional benefit of the chance of being sued for negligence if we get it wrong. As such sympathy for the poor EPO examiner's plight is sometimes difficult to find. You may be having a hard time, but so are a lot of us and I have not seen attorneys on here continually bemoaning our lot. <br /><br />Working in a small practice, I not only have to be familiar IP law in general, including the law in important jurisdictions such as China and the US, I also have to take on some of the administrative burden, dealing with tax authorities, accountants, the bank, professional regulatory requirements etc. I also have to turn stuff around under pressure at short notice when a client needs a patent application drafted and filed or infringement advice at short notice. How many Examiners can be found at their desks at 9, 10, 11 at night? <br /><br />Perhaps an occasional recognition that EPO examiners are not the only people out there with stressful jobs and that however bad it may be, your lot is better than that of huge numbers of European workers would not go amiss. However, much I dislike my job at times, I can look back to years working on the shopfloor, being made redundant (twice) and watch the news to see workers across Europe staring redundancy in the face and be thankful for my lot.<br /><br />Apologies if that comes across as a bit sanctimonious, it's not meant to, but a little perspective in some of the posts on here would not go amiss.<br /><br />Oh, and if the EPO Examiners on here feel the need to share some of their witty views on patent attorneys, I can certainly stand to hear them. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62168537023112672432015-10-22T04:36:05.139+01:002015-10-22T04:36:05.139+01:00To Kuriosity Killed the Kat (KKK)
Careful with y...To Kuriosity Killed the Kat (KKK)<br /><br /> Careful with your pseudonyms and possible acronyms: someone might allege you belong to a racist organisation.<br /><br />Concerned ObserverAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58246116556403438652015-10-21T23:43:58.679+01:002015-10-21T23:43:58.679+01:00Kitkat,
I think pantagruel was being slightly self...Kitkat,<br />I think pantagruel was being slightly self-deprecating. It was an obvious joke but it made me chuckle. It's not all doom and gloom.<br /><br />Old man of EPOnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-16153471118660310732015-10-21T22:37:34.499+01:002015-10-21T22:37:34.499+01:00pantagruel said...
...
Those of us who deal with ...pantagruel said...<br />...<br /><br /><i>Those of us who deal with the Examining Divisions on a regular basis might question whether EPO employees are already acting in that spirit... but, joking aside, this does appear to be a rather loosely-worded ordinance. Does anyone know what the intention behind this is? Is this intended as a union-busting move?</i><br /><br />Not quite sure why so many attorneys feel the need to take a pop at us examiners whenever they get the chance, whether in jest or not. It's hardly helpful, and not even particularly clever. I'm sure we could make similarly "witty"remarks about patent attorneys if we felt the need, but so far no-one has stooped quite that low...<br />kitkatnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89291689921598598372015-10-21T20:08:33.053+01:002015-10-21T20:08:33.053+01:00KKtK,
Might need to check. I think a) it only appl...KKtK,<br />Might need to check. I think a) it only applies to permanent staff and b) VPs are on contracts (up to 5 years) which probably negates the disability details. Presumably contract staff have other forms of insurance?Old man of EPOnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-32851656275927325142015-10-21T19:42:23.821+01:002015-10-21T19:42:23.821+01:00"The office has taken upon itself the mantra ..."<i>The office has taken upon itself the mantra that people should be seen as being available and it's a matter of reintegration down to working 20% of your time I.e. 75% disabled does not mean you can retire on a disability based pension.</i><br /><br />Does this also apply to Vice-Presidents ?Kuriosity Killed the Katnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46102631002921286392015-10-21T18:34:07.942+01:002015-10-21T18:34:07.942+01:00GainfulActivities and pantagruel,
In fairness, tec...GainfulActivities and pantagruel,<br />In fairness, tech rights has slightly misunderstood. The rules referred to relate to staff on disability pension rather than all staff. That said, the EPO has tightened up the rules on who can retire early due to incapacity. The office has taken upon itself the mantra that people should be seen as being available and it's a matter of reintegration down to working 20% of your time I.e. 75% disabled does not mean you can retire on a disability based pension. In return, if you are that bad the EPO considers you should not have employment or activities, paid or not paid (it all depends on the language unfortunately) for anyone else. And of course you must live a minimum of 10 years and till at least your 55th birthday near to your place of employment (you may recover a bit!).<br />Given that the office has also got rid (unilaterally) of the lump sum payment for those who do meet the new criteria, the options are not very good. Disabled, banned from doing anything and obliged to live away from your home country and without the injection of cash to, for example, convert a home for new needs (ramps, lifting devices, wheelchairs etc.).<br />Not the offices greatest move but all part of the clamp down based on a fear that some may be swinging the lead. Of course, the ones who will suffer the most will be the ones who do need support the most. I am embarrassed.Old man of EPOnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76767957989522723142015-10-21T17:00:41.633+01:002015-10-21T17:00:41.633+01:00@pantagruel:
Even worse, the wording is not "...@pantagruel:<br /><br />Even worse, the wording is not "gainful <b>employment</b>" but "gainful <b>activities</b>".<br /><br />It used to be "employment" in the previous versions of the EPO codex. However, when the EPO codex was updated, every occurance of "gainful employment" was replaced by "gainful activity", which of course is much broader in scope than "gainful employment".<br /><br />So "every gainful employment requires the consent of the EPO" became "every gainful activity is forbidden".GainfulActivitiesnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61610274837472240342015-10-21T15:30:21.475+01:002015-10-21T15:30:21.475+01:00I would not be surprised if the "unauthorised...I would not be surprised if the "unauthorised" disclosures relate to the pending constitutional appeals pending in Germany which are critical of the EPO and in particular the lack of redress against formalistic decisions revoking patents at the TBA level.<br /><br />Wrote H. BoschAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20765702787221773812015-10-21T15:16:47.027+01:002015-10-21T15:16:47.027+01:00'..focussed on acts of unauthorised disclosure...'..focussed on acts of unauthorised disclosure of non-public information and critical opinions relating to Board of Appeal activities outside the EPO, while using pseudonyms as well on activities of spreading accusations and attacks or threats against the EPO and its members, either directly or indirectly using anonymous statements and pseudonyms, both inside and outside the EPO.'<br /><br />Has any further detail been given on what the activities and threats might have been? It would be nice to be in a position to judge whether the seriousness of the alleged misconduct merits the amount of time and effort the AC, EBA and upper echelons of the EPO management appear to be devoting to this. <br /><br />Anonymousnoreply@blogger.com