Tuesday, February 15, 2011

Lawmakers Approve Plans for "EU Patent"

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.


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"

2 Comentários:

Unknown said...

Here is a similar story

European leaders will discuss proposals for a single patent regime during a summit in Brussels on Friday (4 February), ahead of a crucial ruling by the European Court of Justice which may bring down the entire project.

Innovation is one of the main topics on the agenda at the EU summit, which will also address the economic situation and recent developments in Tunisia and Egypt.

Regarding the innovation chapter, which is scheduled for the afternoon, leaders will discuss how to take "full advantage of Europe's intellectual capital," according to a briefing note.

patent litigation said...

How exciting that the European patent looks like it will finally become reality, especially after so many setbacks. Global innovation can only benefit from the lowered costs and increased efficiency that the move will yield. This is good news.

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