EU revives push for common patent policy

The European Commission is reviving a push for a common patent policy by asking for input of ideas from industry and stakeholders - a move that would renew a fierce debate that has spanned more than three decades.

The latest consultation will be focusing on three issues: the Community Patent; how the current patent system in Europe could be improved; and possible areas for harmonization, according to a press statement. The Commission stressed that the goal of Community Patent remains a priority. The closing date for the latest consultation is 31 March 2006. A hearing will be held on 13 June 2006 in Brussels, the Commission said.

Creating a Community Patent has long been debated within the European Union. It would let individuals and companies obtain a unitary patent throughout the EU – and get it enforced. At present, patents can be filed with the Munich-based European Patent Office – but they amount to a bundle of nationally-enforceable patents in designated states. That’s expensive, as it means patent cases have to be fought country-by-country rather than in one EU-wide forum.

The absence of a functioning EU-wide patent regime is one of the biggest complaints of business leaders in Europe. The adoption of a law that would create a pan-European patent has been stalled for several years because member states cannot agree on a language regime. The French government, in particular, has in the past held up action on the issue, due to its insistence that French be a required language for patent filings, Commission officials have said.

Work on a Community Patent started in the 1970s, but the resulting 1975 Community Patent Convention (CPC) was a failure. It was not ratified by enough EU member-states to take effect. In 1989 the commission tried unsuccessfully to revive the issue, with an amended version of the Community Patent Convention. It tried yet again with a 2003 plan for a Community Patent Regulation, or CPR. It provided that a patent application could be filed in only one language (English, French or German) and would be handled with and examined by the European Patent Office. However, the patent would not be enforceable against an entity until it is provided with a copy of it in its own national language. The Community Patent Regulation would also establish a court holding exclusive jurisdiction to invalidate issued patents; thus, a Community Patent's validity will be the same in all EU member states.

A political agreement to create the Community Patent was reached on March 3, 2003. However, one year later in March 2004 under the Irish presidency, the EU’s ruling Council deadlocked again on the details. In particular, the time delays for translating the authentic text of the claims in case of an infringement remained problematic issues throughout discussions.

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