For many years the development of a European Patent, with all its ups and downs, has been reminiscent of a roller coaster ride. Now, the decision by Members of the European Parliament earlier this month not to put the final brick in place - agreeing to split the European Patent Court between Munich, Paris and London - has left European entrepreneurs suspended in the air.
The concerns that led to the European Parliament’s decision not to vote are understandable. But we must not waste any more time holding up the patent, whilst Europe’s SMEs struggle to survive. The EU patent is a critical step towards a more innovation-friendly business environment that realises the European Union’s true potential.
Without a deal we will not realise that potential. European innovative businesses will continue to be burdened with unnecessary costs and unpredictability, undermining their ability to generate growth and employment.
Rebooting the economy
For entrepreneurs, a single patent system is critical in order to remain competitive and stimulate the innovation that is so badly needed to reboot Europe’s economy. If Europe is serious about boosting science and innovation during uncertain economic times, it needs to provide the tools for innovative companies to exploit growth opportunities. An agreement on the patent would restore confidence in the single market and provide a wealth of openings for small and medium-sized businesses.
Michael Setton is well aware of the current problem. He is a member of the Association for Competitive Technology (ACT) and CEO of Sensaris, a French technology company with a staff of five. Michael explains how patents are increasingly important in transforming innovation into commercial value. For companies like Sensaris, filing patents in every country of the EU costs significant amounts of money - and robs them of time they could be investing in creating further innovations for EU consumers.
Like Michael, other entrepreneur members of ACT feel frustrated that promising business opportunities are regularly missed in Europe because of the lack of a single one-stop-shop to patent their creations. Whereas a big company can quite easily absorb this overhead, a missed opportunity can cost a small company its business.
Despite the concerns, the possibility that a deal could be sealed in a few months’ time is still very real. It is imperative that an “SME-friendly” EU patent is put in place that prioritises a streamlined, cost-effective application process.
We all hope the European Parliament and the Member States will overcome the remaining hurdles and bring this long roller coaster ride to a much-needed and successful conclusion for Europe.
Jonathan Zuck is President of the Association for Competitive Technology, a trade association representing over 3,000 application software developers and small and mid-sized technology companies in Europe and the US
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