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Intellectual Property Law

: IPKat

One step closer to a single EU-wide patent...

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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The BBC brings us the happy news that we are one step closer to a common EU-wide patent system. According to the report EU industry ministers on Friday in Brussels reached a deal to establish a European patent system with a single European Patent Court.

Sweden currently holds the EU presidency and a press release by the Swedish Ministry for Foreign Affairs proudly informs us:

"On 4 December, the Competitiveness Council - under the leadership of [Swedish] Minister for Trade Ewa Björling - reached a unanimous agreement on the general focus of the European patent regulation and Council conclusions on a common European Patent Court. This is a political breakthrough in these negotiations, which have been going on for a long time now, and is a significant step towards a final agreement. The next step will be for the European Parliament to take a position on the proposal. The European Court of Justice will also need to state its opinion on the new European Patent Court."

Not to be left out, the UK IPO in a press release of 4 December tells us that the UK Minister for Higher Education and Intellectual Property David Lammy helped "... to negotiate breakthrough on new European Patent". The IPKat is dutifully pleased that Mr Lammy contributed to this result. The UK IPO's press release quotes Mr Lammy as follows:

"If Europe is serious about our knowledge economy being key to economic recovery, then patent reform is the essential underpinning.
"This business-friendly deal will make patenting and innovating easier and more
affordable for British companies. In particular, innovative SMEs will have more
flexibility when choosing how to patent across Europe".

Yes, things could be so easy and hundred of millions of fees could be saved, if only there wasn't the old question of "language" and the extent of patent translation. According to the BBC report sadly no agreement was reached on this point and the European Commission has already warned that "the creation of the EU patent will depend on a solution to be found for the translation arrangements, which will be the subject of a separate regulation". But we won't let the European Commission spoil the fun.

So what do our patent experts think: how much closer to a European patent system are we? Anyone want to venture a guess when the first application under the new system will be filed? What should be done about the language question?

To read the "Conclusions on an enhanced patent system in Europe" of Friday's Competitiveness Council meeting, please click here.
To read the Financial Times' summary of the "breakthrough" deal, please click here.

Full post as published by IPKat on December 05, 2009 (boomark / email).