Competitiveness

Facts: EU patent

An efficient patent system is important to promote innovation in Europe. Negotiations are therefore underway in the EU on an EU patent and a common European patent court. The EU patent means that it should be possible to obtain a patent covering the entire EU through one application.

The European patent court should be able to determine cases concerning both the EU patent and the existing European patent, which is already granted under the Convention on the Grant of European Patents. The patent court will be able to determine cases for the entire EU and other states that have acceded to the Convention, which will save a great deal of time and money compared with the current system, where disputes must be litigated in each individual country.

Internal market

The EU patent and the European patent court are important for the innovation climate and for EU competitiveness. They are particularly important to small and medium-sized companies. The negotiations are therefore one of the most important issues in the internal market area during the Swedish Presidency.
The Presidency is now proposing that the Competitiveness Council on 4 December adopt a general approach on an EU patent regulation, and Council conclusions on the European patent court and certain issues concerning the EU patent. If the Presidency can achieve this goal, it would be a very important step towards a final agreement on an improved patent system in Europe.

Language issue

The general approach means that Member States reach agreement on the EU patent regulation. The proposal will therefore be sent to the European Parliament for its first reading. The issue of translation and language, i.e. which languages can be used when applying for and granting patents, and which languages patents are to be translated into, will not be included in the general approach.

The reason for this is, because the Treaty of Lisbon, a new proposal by the European Commission is required in this area. Consequently, language issues will be regulated in a special regulation. The EU patent regulation will enter into force at the same time as this special regulation.

Opinion of the European Court of Justice

The idea with the patent court is that it should be based on a convention that, in addition to the EU and its Member States, other states that are party to the Convention on the Grant of European Patents can accede to. In June 2009, the Council asked the European Court of Justice about the compatibility of the court solution with the Treaty. The question is still under consideration by the European Court of Justice, which means that final negotiations on the court solution cannot be conducted until the European Court of Justice has delivered its opinion.

In light of this, the Presidency proposes that, by adopting Council conclusions, the Competitiveness Council agree that the proposed patent court be established and that certain key issues concerning the organisation of the court be accepted. The conclusions contain clear conditions concerning future opinions of the European Court of Justice.

Important step

The proposed Council conclusions also cover certain issues regarding the EU patent, specifically the principles for determining the annual fees for the EU patent and how the revenue from these fees is to be divided between the European Patent Office and the Member States, and cooperation between national patent offices and the European Patent Office.

An agreement would mean a very important step towards a final agreement, which accordingly will require involvement by the European Parliament and will only be possible after the European Court of Justice delivers its opinion.
 

• Competitiveness Council
• Better EU patent to promote innovation in Europe
• Council seeks uniform patent protection across the EU
• Presidency hoping for assertive conclusions