Bonum Certa Men Certa

The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. You are here ☞ Lack of Parliamentary Oversight, Many Questions and Few Answers…


EU institution
Despite its "European" moniker, the EPO is not an EU institution and is not subject to the jurisdiction of the European Parliament



Summary: The EPO lacks oversight in Germany and elsewhere; Benoît Battistelli even openly bragged about this, unlike António Campinos

As is generally known, the EPO is an autonomous international organisation which is not subject to external oversight by any national or supranational parliamentary body.



In particular, the EPO is not an EU institution so the European Parliament has no statutory role in supervising it.

There is supposed to be an instrument of political supervision in the form of the ministerial conference of Article 4a EPC which, however, appears to be a purely mythical construct that only exists on paper.

Some readers will recall Battistelli's interview given to the French press back in September 2012 when he boasted that in his new role as EPO President he had "never been so free":

"I am not subject to any supervisory ministry, parliament, or government. We are the ones who set the rules, discuss them, negotiate them."


The mysterious "we" to whom Battistelli referred on that occasion was the EPO's Administrative Council which as is well known was more or less entirely subservient to his whims and vagaries.

Indeed it is reported that the majority of the delegations were quite literally in Battistelli's pocket as he obtained their favour by means of largesse dispensed in the form of "cooperation project" funding.

"There is supposed to be an instrument of political supervision in the form of the ministerial conference of Article 4a EPC which, however, appears to be a purely mythical construct that only exists on paper."At the same time, since the entry into force of Article 4a EPC in 2007, the EPO Administrative Council has managed to evade political supervision in a sneaky and duplicitous manner by failing to convene a ministerial conference.

This has resulted in a situation in which the EPO is de facto managed as a self-service "smörgÃ¥sbord" buffet by the proverbial "quango" of unelected bureaucrats who are not subject to any effective political oversight and remain only nominally accountable for their actions to their supervising ministries and the national governments which appoint them.

Parliamentary Assembly of the Council of Europe (PACE)
Questions about EPO governance have been asked in supranational parliamentary bodies such as the Parliamentary Assembly of the Council of Europe (PACE)



Nevertheless, from time to time - much to the irritation and chagrin of the Administrative Council and EPO management - questions have been asked about EPO governance not only in supranational parliamentary bodies, such as the Parliamentary Assembly of the Council of Europe (PACE) and the European Parliament, but also in the national parliaments of the organisation's contracting states.

"In his home country, Battistelli was denounced as "a disgrace to France" in the National Assembly, in particular because of the witch-hunts which he instigated against elected staff representatives with the aid of his personal union-busting Pinkertons, the EPO's notorious "Investigative Unit"."In fact, this became quite a regular occurrence during Battistelli's "reign of terror" as news of his managerialist excesses à la France Telecom gradually leaked out into the public domain.

In his home country, Battistelli was denounced as "a disgrace to France" in the National Assembly, in particular because of the witch-hunts which he instigated against elected staff representatives with the aid of his personal union-busting Pinkertons, the EPO's notorious "Investigative Unit".

In the Netherlands, the EPO's number two host state, politicians spoke openly about the abuses of the despotic "système Battistelli" and condemned them on the floor of the national Parliament and in interviews with the Dutch media.

In the main host state Germany, where the EPO's headquarters are located, politicians were far more timid and reticent and - for whatever reason - mostly chose not to get involved in scrutinising EPO affairs in any kind of meaningful way.

Maybe this has something to do with the large amount of national renewal fee income which the Federal Republic of Germany collects from patents granted by the EPO.

According the most recently available figures (see EPO Renewal Fee Estimates [PDF]), the estimated national renewal fee income accruing to Germany in 2021 from patents granted by the EPO is approximately EUR€ 211 million. These are the annual fees paid by patent proprietors to keep their patents in force in a particular national jurisdiction.

Overall, in 2021 Germany is estimated to receive a little over one third of the "cake" of EUR 611 million, representing the grand total all national renewal fee income generated by EPO-granted patents across all of the 38 contracting states.

It is also estimated that renewal fees on patents granted by the EPO account for almost half of the annual income of the German Patent & Trademark Office.

From these figures it becomes apparent that Germany is one of the main financial beneficiaries of the EPO's activities. Germany also benefits indirectly from the fact that a substantial part of the income of active EPO staff in Munich and Berlin, as well as EPO pensioners resident in Germany, flows into the local economy.


German politicians tend to be reluctant to pry into the inner workings of the EPO "Dukatenesel".



"However, as we shall see in the next part, from time to time a small but courageous minority of German public representatives have dared to table parliamentary questions about the EPO both at regional and federal level."These facts may go some way towards explaining the reluctance of German politicians to start prying into the inner workings of this lucrative "Dukatenesel".

However, as we shall see in the next part, from time to time a small but courageous minority of German public representatives have dared to table parliamentary questions about the EPO both at regional and federal level.

Recent Techrights' Posts

Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
 
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025