Followers of the highly-regarded IPKat blog (http://ipkitten.blogspot.co.uk ) will be aware that all is not happy in EPO-land.
EPO staff, including examiners, have recently taken strike action, and protest demonstrations have been held in Munich and the Hague. There is no immediate sign of the unrest becoming settled, rather, it seems to be escalating. The issues are complex. Longstanding dissatisfactions with changes to employment conditions continue, but more recently, matters have become increasingly fraught with the suspension of a member of the Boards of Appeal, followed by a letter from a number of members of the Enlarged Board of Appeal to the President of the EPO, accusing the President of exceeding his powers.
Speculation is rife that the President is attempting to diminish the much-prized independence of the Boards of Appeal. This is a matter of serious concern to users: when the EPO was created back in the 1970s, it was intended that there should be, in effect, an independent Court of Appeal to review decisions of the EPO. For cost reasons, this was never a fully independent body; rather, it was created as an independent directorate, DG3, the Boards of Appeal, within the EPO. The separation of DG3 from DG2, the Examining Directorate, is deemed by many to be essential for the integrity of the European Patent system.
On a practical level, EPO has issued a statement saying that "all measures to ensure the normal functioning of the Office are in place and that services to users remain unaffected". We have not as yet seen any immediate adverse effects, and specifically have not heard any reports of Oral Proceedings being affected. Nevertheless, users should be aware that if the strikes continue, they could affect the day-to-day operations of the EPO.
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