Bonum Certa Men Certa

Thierry Breton and the European Commission Must Answer Perfectly Legitimate Questions About European Patent Office Corruption

As we've been arguing for years, EPO scandals were assured to doom the credibility of the Commission (for failing to intervene and hold people accountable, all this despite the UPC being a clear bridge between the EPO and the EU)

Patrick Breyer, Germany
Patrick Breyer, Germany. Licence: Creative Commons CC0 1.0 Universal Public Domain Dedication.



Summary: MEPs are growingly aware and increasingly upset about the corruption in Munich; they want answers from the European Commission; having cronies like Thierry Breton in charge will only make things worse because that encourages the perception of collusion and cover-up

THE endless scandals of EPOnia are perhaps belatedly becoming a stain on the EU, which failed to act for over half a decade (as did the German injustice ministry, which looked the other way after illegal things had been done).



Looking at Kluwer comments (not the hogwash from Team UPC), the sentiment seems consistent; all 6 comments there basically blast the response from Commissioner Thierry Breton; it was just as bad if not worse than that of the German injustice minister, whose absurd words were quoted as fact by António Campinos, President of the 'European' Patent Office. "Nonchalant Biped" wrote:

The last thing the EU Commission wants is to re-open the can of worms that it created by not providing robust entry and exit of membership of the system, and by not really providing a flexible mechanism relating to the seat of the courts, instead relying, as usual, on a political compromise (one might be so unkind to say, “as usual”). The statement from a French commissioner is therefore totally unsurprising, given that France was the first country/major user of the UPC system to ratify. I do find that the comms unit adding on a Covid-crisis hanger as some sort of justification crass in the extreme, as it clearly indicates that the Commission will use anything it can to try and justify its position.

It would be nice, for once, if the legal issues surrounding the UPC (and there are several) could actually be sorted out before the whole things gets ratified and dragged screaming into existence, but of course, that would take another umpteen years of negotiating and horsetrading…


Notice how the last comment there mentions Mr. Breyer, an MEP who opposes software patents in Europe (owing to 35 U.S.C. €§ 101 the USPTO can no longer grant these patents too easily; not anymore... and courts almost always reject those).

Clare Daly (GUE/NGL); CC BY-SA 2.0And regarding our latest article about this, "Thierry Breton has two further questions on his desk awaiting response," a source told us. This source cites "European Patent Organisation – disbandment of Audit Committee" (Question for written answer E-003299/2020) and "Establishment of a European Patent Organisation Treasury Investment Fund" (Question for written answer E-003298/2020). "Will be fun to watch him wriggling off the hook on those ones as he covers up for his old buddy [Benoît Battistelli] at the EPO," our source noted.

"The Commission, and possibly Breton himself, will be under heavy burden/pressure to provide an answer with actual substance..."Both questions come from Clare Daly (GUE/NGL) (photo to the left; CC BY-SA 2.0), "an Irish politician who has been a Member of the European Parliament (MEP) from Ireland for the Dublin constituency since July 2019," according to Wikipedia. "She is a member of Independents 4 Change, part of the European United Left–Nordic Green Left. She served as a Teachta Dála (TD) from 2011 to 2019."

She has asked two very important questions very politely.

On 2 June 2020 she posted this question to the Commission, as per Rule 138:

The European Patent Organisation (EPOrg) is an intergovernmental organisation established under the terms of the European Patent Convention (EPC). Under the terms of Regulation (EU) No 1257/2012, increased co-operation between the EU and the EPOrg has been in progress since 2012 in the context of the EU’s Unitary Patent project. Furthermore, although the EU is not a contracting party to the European Patent Convention, it has observer status on the Administrative Council of the EPOrg under the terms of Article 30 of the EPC.

1. Does the Commission agree that the EU has a legitimate interest in ensuring that governance mechanisms at the EPO are fit for purpose?

2. Is the Commission aware of and concerned by the circumstances relating to the disbandment of the EPO Audit Committee in June 2011, a Committee which had only been established two years previously?

3. Does the Commission agree that the establishment of the Audit Committee was meant to empower the Board of the Administrative Council to better control the EPO, and that the consequence of its disbandment was to return this key oversight function to a single person – the President of the Office, and is the Commission of the opinion that current governance mechanisms at the EPO, particularly those on financial and budgetary oversight, are fit for purpose, and correspond to international best practice?


We covered this a long time ago. Daly also asked about EPOTIF, which we wrote a great deal about in the past (inspiring some press articles). To quote:

The European Patent Organisation (EPOrg) is an intergovernmental organisation established under the terms of the European Patent Convention (EPC). Under the terms of Regulation (EU) No 1257/2012, there has been increased cooperation between the EU and the EPOrg since 2012 in the context of the EU’s Unitary Patent project. Moreover, although the EU is not a contracting party to the EPC, it has observer status on the Administrative Council of the EPOrg under the terms of Article 30.

1. With this in mind, is the Commission aware of the circumstances relating to the establishment of an EPO Treasury Investment Fund (EPOTIF) in 2018 using cash reserves of approximately EUR 2.3 billion from the surplus accumulated in the current account of the EPOrg, as reported in German periodical WirtschaftsWoche on 22 June 2018?

2. Is it aware of and concerned about the reservations expressed by the German Federal Court of Auditors concerning the establishment of the EPOTIF?

3. Is it aware of the criticism of the EPOTIF voiced by a former judge of the German Federal Constitutional Court, who described the EUR 2.3 billion fund as a ‘shadow budget’ whose establishment allegedly ‘violates the fundamental democratic constitutional principle according to which public budgetary arrangements must be subject to parliamentary supervision,’ and which lacks a legal basis in the EPO?


The public should be thankful to Daly for bringing up these issues. The Commission, and possibly Breton himself, will be under heavy burden/pressure to provide an answer with actual substance; it will inevitably become a very heavy burden or reputational liability and having Breton in that key position will be a scandal. All the stuff we published about him last year is going to become ever more relevant.

Recent Techrights' Posts

The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
 
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It It Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026