Unification of European patenting system one step closer
European Union industry ministers at the 2,982nd meeting of the Competitiveness Council on 4 December unanimously adopted new conclusions on the main elements of the European Union Patent and a single European Patent Court. According to both Council and European Commission representatives, the agreement represents 'a political breakthrough' in the issue of a common EU patent. The conclusions emphasise that 'an enhanced patent system is a vital element of the Internal Market and that it should be based on two pillars', namely an EU patent and 'an integrated specialised and unified jurisdiction for patent-related disputes, thus improving the enforcement of patents and enhancing legal certainty'. 'I am very pleased that we have finally seen a political breakthrough in these difficult negotiations that have gone on for so long,' said Swedish Trade Minister Ewa Björling. 'I am proud that the Council has now sent a clear and unambiguous signal to Europe's innovative companies that have long been calling for an improved patent system. The EU patent will make it much easier and cheaper to protect innovations in the EU. This will give European industry better opportunities to compete on the global market.' Currently, patent applicants have to go through a lengthy, costly and disjointed process in individual Member States, putting them at a disadvantage vis-à-vis their competition in the US and elsewhere. In contrast, an EU Patent would be valid in the entire EU, cutting patenting costs considerably. At the same time, the European Patent Court would try cases on both EU patents and existing patents, unifying the current fragmented system. The newly adopted conclusions also state that annual patent renewal fees should be fixed at a level that facilitates innovation and fosters the competitiveness of European business. Another cost-cutting factor could be the limitation of translation requirements when applying for a patent. However, the Council postponed a decision on this matter, concluding that the translation issue will have to be resolved in a separate regulation. 'Making patenting less costly and more efficient has been very high on the policy agenda for many years,' said Commissioner for Enterprise and Industry, Günter Verheugen. 'Therefore, today's agreement cannot be overestimated. It comes at a moment when it is most needed.' 'I welcome this political breakthrough as a very strong signal from the Council that the EU is committed to achieve a true single market for patents,' added Internal Market and Services Commissioner Charlie McCreevy. 'A number of issues remain to be resolved and we undertake to work closely with the Council and the Parliament towards achieving a final package that will meet the trust and confidence of users.' A European Union Patent was first introduced to the EU agenda in the 1970s and has been the subject of many discussions and regulation attempts since. Following the new Council conclusions, the European Parliament will now have to take a position regarding the proposal and the European Court of Justice will have to deliver an opinion on the new European Patent Court.
Countries
Belgium, Sweden