Kindgo
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(This is all happening so fast!)
http://www.euobserver.com/index.phtml?sid=9&aid=9555
03.03.2003 - 20:14 CET
EUOBSERVER / BRUSSELS - EU Competitiveness Ministers meeting in Brussels reached an historic deal to establish an EU patent on Monday. The end of the 30 year debate over the Community patent is expected to cut costs and red tape for European businesses by offering industry a single patent to cover the whole of the European market.
Competitiveness ministers also praised the deal for bringing the EU one step closer to achieving the goal set out by the Lisbon summit to be the most competitive world economy by 2010. The establishment of the patent was one of the top priorities decided by the 1999 summit.
Under the new agreement, a central patent office will be established in Luxembourg from 2010. Until that time national courts will be able to legally supervise the filing of EU patents, which should be in operation in two or three years time.
Cutting costs
According to the European Commission estimates, the single EU patent, which will be valid in all 25 member states (including the ten accession states), will cut the present cost of obtaining a patent to around 25,000 euro. Currently, companies must pay up to 50,000 euro, five times more than Japan or the US, to register a patent in just eight European countries.
Although member states are now keen to set up the system as soon as possible, it will first have to be ratified by national parliaments. German under-secretary for transport, Hans-Jörg Geiger, said that "if we had the first EU patent by 2005, this would be very speedy."
Translating into all 21 languages
As well as reaching agreement over the central location of the court, Ministers reached a compromise over the sensitive issue of translating the EU patent into all 21 Community languages in an enlarged Europe.
The obligation to translate patent documents into so many languages had raised fears that the system would be too costly and too bureaucratic for business and would hamper European competitiveness on the world market.
The new deal only requires companies to file the initial patent claim in German, French and English and then allows a transitional period for more detailed documents relating to the individual patent to be translated into these three languages. There will also be a requirement for the initial claim to be translated into all 21 languages but companies will be given two years to do this.
Munich office would still continue
European companies do not have to switch to the EU patent system if they would rather stay with the old form of patent in a limited number of countries.
A revision clause has also been drawn into the agreement, which will review the costs and practicalities of the new patent after five years. The Court of First Instance in Luxembourg will also have the function of an appeal court for the system.
The last-minute deal follows a threat from the EU Internal Market Commissioner, Frits Bolskestein, last week that the Commission might withdraw its proposal if agreement could not be reached by the Spring European Council.
Germany, which currently files 42% of all patent claims in the EU, had shown the most opposition to the EU patent, over fears about its centralised nature. The German government was unwilling to give up the central role of the Munich-based Euroepan Patent Office, which has been in operation since 1972.
Following Monday's Council meeting, under-secretary, Hans-Jorg Geiger, said that a "sensible compromise" had been reached that "we all can live with." He added that the Munich office would still continue to play a role in the process.
French and UK industry ministers, Nicole Fontaine and Patricia Hewitt, were both upbeat about the deal.
Ms Hewitt said that the single court system would deliver consistent judgements on patent disputes and would give industry the legal certainty it needed. "This will provide a firm footing for industry decisions on investment in research and development," she said.
"We don't often hear good news coming out of the EU, but this is very good news indeed," added Mrs Fontaine.
Press Articles Libre Belgique Le Monde Handelsblatt Il Sole 24 Ore Dagens Nyheter Jyllands-Posten
Written by Nicola Smith
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God bless,
Kindgo
Inside the will of God there is no failure. Outside the will of God there is no success.
Posts: 4320 | From: Sunny Florida | Registered: Jun 2002
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