Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Two-Seventy-One Patent Blog

Intellectual Property Law

: Two-Seventy-One Patent Blog

Lawmakers Approve Plans for "EU Patent"

By Peter Zura

Since about 2000, lawmakers have made numerous attempts at creating an "EU patent" that is more streamlined and efficient than the existing regime.  Currently, the EPO is not part of the EU, and includes 38 member countries.  When applications issue from the EPO, each application gets partitioned into a bundle of patent applications that need to be prosecuted in each respective country.  According to recent estimates, companies can end up paying 18,000 euros ($24,300), including 10,000 euros for translating a patent in only 13 countries.

Today, The European Parliament gave its consent to "enhanced cooperation" for a single EU patent, thus clearing the way to genuine EU-wide patent protection for inventions.   Importantly, the "enhanced cooperation" measure under the Lisbon Treaty provides a fast-track for the legislation, allowing nine or more EU countries to push ahead with a measure, even if it has not been agreed by all 27.  Currently, Spain and Italy are opposing the new law, which provides that applications may be filed using the English, German and French languages.

The approved plans still need the approval of EU ministers at a forthcoming meeting. Once approved, the commission will begin to draft formal laws for the new system.

See

Bloomberg, "EU Lawmakers Back Plans to Establish Patent System"

Financial Times, "EU lawmakers set to back single patent"

BBC News, "EU plans cheaper European patents regime"

Full post as published by Two-Seventy-One Patent Blog on February 15, 2011 (boomark / email).