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

Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to