20/10/2015

Bayerischer Rundfunk, "Vorzugsbehandlung für Microsoft, Canon & Co."

Bayerischer Rundfunk comments on the project titled "Closer contacts with major applicants" involving Microsoft, Canon & Co designed to "foster a better esprit de service, not least to ensure that [the EPO] do[es] not lose workload market share to other major offices". The article describes the project as a "preferential treatment".

Translations inEnglish andFrench are available by scrolling through the document.

ex15386cp (pdf)

20/10/2015

JUVE, "EPA: Amtsenthebungsverfahren gegen Mitglied der Beschwerdekammer eingeleitet"

JUVEreports on the decision of the Administrative Council (AC) to refer the disciplinary case of the suspended member of the Boards of Appeal (BoA) to the Enlarged Board of Appeal (EBoA).The AC did not follow the proposal of Mr Battistelli, which was in flagrant breach of Art. 23(1) EPC, to fire the suspended member.

The social conflict has escalated further with the investigation in relation to a complaint filed with the Investigative Unit (IU) by Elodie Bergot, Principal Director Human Resources, against staff representatives and accusing Elizabeth Hardon, Munich Chair of SUEPO and the Local Staff Committee.

19/10/2015

Heise Online, "Memo Shock: European Patent Office suspected of giving priority to major clients like Microsoft"

Heise Online (archive) comments on the project titled "Closer contacts with major applicants" designedto "foster a better esprit de service, not least to ensure that [the EPO] do not lose workload market share to other major offices" and so that "[i]tcan be explored as to what the EPO can do for them and vice versa".

Canon, Philips, Microsoft, Qualcomm, BASF, Bayer, Samsung, Huawei, Siemens, Ericsson and Fujitsu are the companies which are part of the project. Most of them are not European.

Translations in English andFrenchare available by scrolling through the document.

ex15376cp (pdf)

19/10/2015

World Intellectual Property Review, "EPO demo in Munich attracts 900"

WIPR reports on the demonstration of 900 members of EPO staff in front of the ISAR building on 14 October:"Elizabeth Hardon Hardon is defending herself against claims that she "orchestrated and promoted" a harassment campaign against a member of staff at the EPO's The Hague office [...] she has been on the receiving end of institutional harassment from EPO management"
"the protestors were denied the right to protest on the EPO's office grounds by management. SUEPO said the EPO's decision was "utterly irresponsible" [...] staff and police ended up on the road in close proximity to moving traffic. [...] It says a lot about how much the current top management hates its staff union that it allows Greenpeace to demonstrate on office grounds, but not SUEPO."

16/10/2015

IPKat Blog, "EPO AC says no to Battistelli & yes to the rule of law"

IPKat comments on the Communiqué of the European Patent Organisation after the 145th meeting of the Administrative Council:"The Administrative Council of the European Patent Office (EPO) has rejected the proposal from the President, Benoit Battistelli, (reported here) which would have seen them bypass the Enlarged Board and proceed directly to dismissal of a Board of Appeal member, contrary to Article 23 EPC. Instead, the matter has been formally referred to the Enlarged Board with a request that it make a proposal for dismissal." The decision was also commented by WIPR.
"Merpel initially thought she detected, in the section dealing with the "social situation" a recognition by the AC that the unrest and low morale in the Office need to be dealt with, in spite of repeated denials from Mr Battistelli.However, launching a social study "in close co-operation with the President" deprives that study of any credibility. A report which is vetted, contributed to, and possibly edited by the President will be a whitewash."
The comments note that the Communiqué is silent on the ongoing investigation of staff representatives, and especially the accusations against Elizabeth Hardon, Chair of SUEPO Munich and the Local Staff Committee.

14/10/2015

World Intellectual Property Review, "EPO labelled 'totalitarian state' as controversy and demo hit"

WIPR reports that Mr Battistelli has "urged the Administrative Council (AC) to dismiss a member of the Enlarged Board of Appeal (EBA) despite that body not recommending such action. [...] [Although the] EBA [had] called for 'a clear limitation on the executive power' of the EPO.
In addition to that, "Elizabeth Hardon, vice-chair of SUEPO has asked AC chair Jesper Kongstad to allow an independent body to assess her claim that she has been on the receiving end of institutional harassment by EPO management." "She demanded a 'misconduct investigation into the institutional harassment against [her] and other EPO staff representatives... and that the EPO be instructed immediately to cease and desist from such illegal and irregular misconduct".

14/10/2015

IPKat Blog, "When harassment gains a new meaning: EPO takes hard line on Hardon"

IPKat reports on the investigation of staff representatives culminating with the interrogation of Elizabeth Hardon, SUEPO Munich Chair, as accused: "Ordinary EPO employees who are not members of the Boards of Appeals [...] can be disciplined and dismissed at the whim of the President and those who wield power in his name. The internal disciplinary appeal process is only advisory: an employee can obtain a favourable decision on appeal, only for this to be disregarded by the President. The employee's only recourse is then to the International Labour Organisation's Appeal Tribunal (ILO-AT), which has such a backlog that cases take years to be heard."

14/10/2015

FOSS Patents, "European Patent Office intentionally treats patent applicants and staff unfairly: leaked documents"

FOSS Patents comments on "an internal document of the European Patent Office that stands as incontrovertible evidence of the EPO's institutionalized unfairness" [...] "Companies filing large numbers of patent applications receive preferential treatment including highly questionable package deals". Florian Mueller also publishes the letter of the legal counsel of SUEPO Munich Chair, Elizabeth Hardon, to the chairman of the Administrative Council of the European Patent Organization, confirming the repressive actions against union leaders.

13/10/2015

IPKat Blog, "Ignore the Enlarged Board, EPO President tells Administrative Council"

IPKat reports that the Administrative Council (AC) delegates have received an extraordinary communication from Mr Battistelli. In it, he asks the AC to disregard a key provision of the European Patent Convention (EPC), and to bypass the Enlarged Board of Appeal (EBA) which he accuses of not properly carrying out its duty in a disciplinary case against a Board member. Mr Battistelli even recommends to go beyond the recommendation of the Disciplinary Committee and to reduce the pension of the soon-to-be-ex-Board member by one-third.

12/10/2015

IPKat Blog, "Viennese waltz may be the last dance for Board members"

IPKat reports that Mr Battistelli is close to sealing a deal between Germany and Austria which would make a move of the Boards of Appeal from Munich (DE) to Vienna (AT) possible.According to Article 53 of the EPO Service Regulations, "refusing to relocate to another country is a sackable offence".
"Headquartering the Boards in a different country opens up the enthralling possibility of firing Board members, possibly even without the distasteful necessity of referring such decisions to the Enlarged Board. As Mr Battistelli has discovered in the last year, even getting one Board member fired is not as easy as one might think. The European Patent Convention and due process keep getting in the way."
Some commentsmention that in the context of the disciplinary procedure against a member of the Board of Appeal, Mr Battistelli is said to be pressing the delegations to overule a decision by the Enlarged of Board of Appeal which he considers wrong.

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