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17 June 2015Patents

EPO staff union raises concerns about office’s unitary patent role

The European Patent Office’s (EPO) staff union has claimed that its longstanding concerns about data protection procedures at the office raise questions about the EPO’s ability to administer the unitary patent.

In documents circulated among staff, the Staff Union of the EPO (SUEPO) claimed that the EPO has failed to “develop formal guidelines” for the protection of patent information handled by the office.

“The lack of transparency and the lack of independent data protection structures raise questions as to the suitability of the EPO for taking on the administration of the unitary patent,” the document added.

SUEPO’s concerns follow instructions on sick leave that apparently require staff members to scan or photograph their sick leave certificate.

In the document, dated June 15, SUEPO claimed it is not clear who has access to the personal data at the EPO’s medical advisory unit. A letter sent from the staff committee of SUEPO asking the EPO to clarify who has access to the medical data was never answered, the union claimed.

“It is not clear who in the office, other than the line manager, will have access to this data,” the document stated.

“More generally: without an active, effective and independent data protection function, there is de facto no data protection in the EPO.”

The document concluded that EPO president Benoit Battistelli “considers data protection [to be] of little importance”.

A spokesperson for the EPO told WIPR that the mechanisms for and standards of data protection have worked "seamlessly" at the office since its inception, in 1977.

"The EPO continuously works to improve the security standards of its processes for the benefit of the users. We consider the protection of patent data with the highest degree of importance.

"Unfortunately, as long as the unitary patent package is not finalised and implemented, it is to be expected that this kind of rumour will continue to be produced and spread in order to block the process," the spokesperson added.

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