Lisbon Treaty’s enhanced cooperation clause may be invoked in patents deadlock

The European Commission has said it is ready to back a breakaway group of countries that want to go ahead with the single EU patent, after the Belgian Presidency failed in its attempts to secure agreement of the language regime.

Commissioner Michel Barnier put out a statement on the outcome of a Competitiveness Council meeting on the issue of the European patent last week, in effect inviting Member States that are in favour of the patent to invoke the enhanced cooperation clause in the Lisbon Treaty.

Barnier said, “As everyone knows, there is no unanimity in Council on the language regime for the European patent. The way is paved to exploit the possibilities offered by the Lisbon Treaty.”

Several Member States have today indicated they intend to move towards enhanced cooperation Barnier said, adding, “As soon as the Commission receives a formal request, we will be ready to take action quickly and seriously.”

Enhanced cooperation allows nine or more countries to move forward on measures that are blocked by a small minority of member states. Other EU countries maintain the right to join when they want.

Barnier said there is a need to “move forward quickly on this issue.” It will again be discussed at a Competitiveness Council meeting next week. “We need a European patent,” Barnier said. “The current system for the patent is too expensive; it costs 10 times more than in the US. It impedes growth. And it is small and medium sized businesses, genuine sources of dynamism for the future, which are suffering most from it.”

The Belgians made pushing through the European Patents one of the main objectives of its presidency. Discussions have intensified in recent weeks, as the Belgians sought compromises to address the concerns of Spain, Italy and Poland in particular.