Who Might be Next EPO President

What next?

Well, according to Article 11 Para. (1) EPC the President is appointed by the Administrative Council of the European Patent Organisation. And, Article 35 Para. (2) EPC states that a majority of three-quarters of the votes of the EPC Member States represented and voting is required for decisions according to, inter alia, Article 11 Para (2) EPC. It is mainly a political game to be played in the Administrative Council.

I am currently inclined to think that it very unlikely that one of the 'big three' EPC Member States (DE, UK, FR) has any political chance to carry through any own candidate. In terms of national proportionality it might appear to be time to give one of the smaller EPC Member States a chance of promoting a candidate.

In this context I have heard the name of Mr Jesper Kongstad. He is the current Director General of the Danish Patent and Trade Mark Office and Deputy Chairman of the Administrative Council of the European Patent Organisation. In the latter function he is also member of the so-called Board 28. This ominous "Board 28" is nothing else than the Board of the Administrative Council as set up by the Decision of the Administrative Council of 5 June 2003. Originally it was created merely to assist the Chairman of the Administrative Council in preparing the Administrative Council's work. Moreover, at the invitation of the Chairman, the chairmen of the Budget and Finance Committee and the Committee on Patent Law are to be regularly involved in the Board's discussions. Before his career in the patent business he has been CEO at Astion A/S and COO at Statens Seruminstitut. Kongstad got his education in Harvard and Roskilde.

The fact that he is Danish might make him a perfect candidate to run for the presidency. However, in view of his present positions at the DK-PTO as well as in the Administrative Council Kongstad is known to be one of the most eloquent proponents of a decentralisation of the European Patent system, desiring to strengthen the role and influence of National Patent Offices (NPOs) at the expense of the European Patent Office. Hence, the question is as to whether or not one might like to see a de-centraliser operating as head of the central node of the European patent infrastructure.

Another name which has been dropped in this context is Mr Roland Grossenbacher of Swiss citizenship. According to Wikipedia, he is a Swiss attorney at law who served as chairman of the Administrative Council of the European Patent Organisation from March 5, 2000 to March 4, 2009. After he stepped down in March 2009, he was made Honorary Chairman of the Administrative Council of the European Patent Organisation. He is the current Director of the Swiss Federal Institute of Intellectual Property, which he joined in 1976. Dr. Grossenbacher studied at the Zurich University from 1969 to 1974.

In view of his closed carrier as chairman of the Administrative Council and his 'nobility' as AC Honorary Chairman as well as in view of his Swiss citizenship I hardly can imagine that he could gather the required three-quarters majority. Moreover, rumours say that Mr Grossenbacher might not count on getting a warm welcome by the vast majority of the EPO staff should he be elected President.

It might also happen that other names will pop up in the game. I expect that other distinguished persons in particular from EPC Member States of eastern Europe might just now be sitting there, ruminating as to whether or not they might throw their respective hat into the ring.

(Photo Jesper Kongstad: DK-PTO)
(Photo Roland Grossenbacher: SI-PTO)