[Patents] disgruntled examiners at EPO

[John Smith notobvious@hotmail.com]

As a former EPO examiner who still takes a close professional interest in 
the workings of the EPO and who still has many contacts in DG1 (the search 
examiners) and DG2 (the examining divisions) I think I count as a "well 
informed circle". I can say that most of what Hartmut Pilch alleges is 
simply untrue.

Having been in the EPO in the early days I know most of the people now in 
positions of power and, perhaps more importantly, I also know the 
alternative candidates. In my opinion the best candidates have come out on 
top, perhaps faut de mieux, but nevertheless when one looks at the present 
directors and principal directors in DG1 and DG2 there is little or no 
evidence of political or personal interference. Indeed, the EPO management 
runs a tight ship and has continual friction with the examiners over output. 
They may be hard-nosed and struggling to reconcile the different DG1 and DG2 
cultures, but mediocre?

"nepotism is rampant".
The only examples I can think of concern two vice-presidents whose wives 
have done rather well. In the early days the EPO refused to employ wives to 
avoid such things. It happens, as in all organisations.

"Good posts are always reserved for the friends of the leading officials".
I doubt if even the most disaffected examiners could cite more than a 
handful of such cases in an organisation of over 4000. In the days of 
President Braendli this did occur, but even then it was confined to certain 
areas. It is partly a problem of national cultures, particularly the French 
and Greek, who expect to be able to do such things. It is not really an EPO 
problem. Incidentally, the most blatant example in DG2 was German (an FDP 
member who became a principal director) but he turned out to be rather good 
at the job. On the other hand, I can remember when a someone turned up for a 
job interview with a letter from Franz-Josef Strauss. He was sent packing.

"Good patent examiners are regularly kept down because of envy of their 
superiors. They hate to see it when an examiner does more and better work in 
less time and quits early"
Does this really need comment? Actually, there is one point here which I am 
told was the subject of debate within the EPO: are examiners paid to do a 
certain amount of work or to sit at their desks? Those of us who have to 
contact examiners will agree with the official line, that they are paid to 
do both. Or does Mr Pilch think that they should be allowed to go home when 
they feel they have done enough work?

"Talented people often get depressed and/or drunk". One problem in all 
patent offices is that the job attracts misfits. It was the same in the DPA 
and UKPO. I'm not aware however that this is a bigger problem in the EPO 
than elsewhere.

"Quite a few quit". The opposite is true. Considering how easy it is for 
examiners to sit and pass the European Qualifying Exam (which, I can 
testify, is not at all easy for trainee representatives), it is surprising 
how few leave. The drop-out rate is said to be much lower that for 
commercial organisations of comparable size.

What started this discussion was a comment about Vienna, of which I have no 
knowledge but which represents a trivial part of the EPO - the publishing 
department - and which was set up there for political reasons. Perhaps there 
is a problem, but what has this to do with software?

One final comment. Mr Pilch is fond of assertions along the lines that "the 
EPO leadership is composed of persons who violate the written law". 
Presumably this is about "technicity". I advise Mr Pilch to read the minutes 
of the Munich Diplomatic Conference. They are quite surprising. They show 
that at the time nobody had much idea of what was meant by "programs for 
computers.. as such" and that the delegations were content to let the EPO 
interpret this, which is what it's done.

"notobvious"
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