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

1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025