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Conference: Future Patent Policy in Europe (03.11.2010)

The EU Patent Ten Years On: Time is running out

On 3 November 2010, the Belgian Presidency of the EU, in cooperation with the European Commission, will organise a conference on the future patent policy in Europe.

Patents are a driving force for innovation, growth and competitiveness. However, the single market for patents remains incomplete. Despite all the efforts that have been made for the last decade, protecting an invention in Europe costs far too much for most European companies because of the high costs resulting after grant from the validations of European patents country per country. Furthermore, the lack of a unified and specialised patent litigation system results in legal risks and high costs both for companies wanting to enforce and wanting to challenge patents. Improvements are therefore needed in order to give European companies the chance to reap the full benefits of the EU Single Market.

Building on the EU Council conclusions of 4 December 2009 on an Enhanced Patent System in Europe, we need to reach a final agreement on a European patent reform.

The Conference will tackle the two following topics: the European and EU patents Court, and the EU patent.

Keynote speakers include:

  • Minister of Economy and Reform Vincent Van Quickenborne
  • European Commissioner for Internal Market and Services Michel Barnier
  • President of the European Patent Office Benoît Battistelli
  • Vice-Chair of the Committee on Legal Affairs of the European Parliament Raffaele Baldassarre

Practical information:

  • Where: Charlemagne Building – Rue de la Loi, 170 – 1049 Brussels
  • Date: 03 November 2010 9h00-18h00
  • More information and registration until 21 October 2010 at the following link: http://economie.fgov.be/fr/register4/index.jsp

Background documents

14.12.2010
Commission proposes to launch enhanced cooperation

  • Press release
  • Commission proposal for a Council decision authorising enhanced cooperation in the area of the creation of unitary patent protection: COM(2010)790pdf Choose translations of the previous link 
01.07.2010
Patents: Commission proposes translation arrangements for future EU Patent

04.12.2009
EU achieves political breakthrough on an enhanced patent system

24.03.2009
Commission sets out next steps for creation of unified patent litigation system

03.04.2007
Commission sets out vision for improving patent system in Europe

16.01.2006
Consultation and public hearing on future patent policy in European Commission

Community Patent

The European Council held in Lisbon in March 2000 called for the creation of a Community patent system to address existing shortcomings in the legal protection for inventions, thus giving an incentive for investments in research and development and contributing to the competitiveness of the economy as a whole. In the wake of the Lisbon European Council, the Commission put forward on 1 August 2000 a proposal for a Council regulation on the Community patent [COM(2000)412 final].

The effective entry into operation of the Community patent system requires the adoption of this regulation by the Council and of subsequent implementing regulations to be adopted in comitology procedure.

In the framework of the creation of a unitary Community patent, two Commission proposals have also been presented on December 2003 on the establishment of a Community patent jurisdiction.

The proposals before the Council in May 2004: frequently asked questionspdf Choose translations of the previous link 
In the light of developments since the Commission issued its proposal in August 2000, these FAQs are being published to show how the proposed system would work and what benefits it would offer innovative industry in the EU.
08.03.2004
Preparation of the meeting of the Council on 11 March 2004: Proposal for a Council Regulation on the Community patent (revised text)
23.12.2003
Commission proposes establishing Community Patent Court
  • Press release
  • Proposal for a Council Decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent: COM(2003)827 final
  • Proposal for a Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance: COM(2003)828 final
21.11.2003
Proposal for a Council Regulation on the Community patent – Text revised by the Secretariat of the Council: Document 15086/03
13.11.2003
Proposal for a Council Regulation on the Community patent – Text revised by the Secretariat of the Council: Document 14233/03
04.09.2003
Proposal for a Council Regulation on the Community patent – Text revised by the Secretariat of the Council: Document 12219/03
23.06.2003
Proposal for a Council Regulation on the Community patent – Text revised by the Secretariat of the Council: Document 10728/03
11.06.2003
Proposal for a Council Regulation on the Community patent – Text revised by the Presidency: Document 10404/03 (PI 53)
16.04.2003
Proposal for a Council Regulation on the Community patent – Text revised by the Presidency: Document 8539/03
14.03.2003
The 3 March 2003 Agreement on the Community patentpdf Choose translations of the previous link  reduces translation cost for patents in Europe by more than 50%
03.03.2003
Political Approach adopted by the Council – Document 7159/03pdf
30.08.2002
Commission Working Document on the Planned Community Patent Jurisdiction COM(2002) 480 final
07.05.2001
Commission Staff Working Paper: “A Community policy for the realisation of the Community patent in the context of a revision of the European Patent Convention”: SEC/2001/744 finalpdf Choose translations of the previous link 
29.03.2001
Opinion of the Economic and Social Committee on the ’Proposal for a Council Regulation on the Community patent’ (CES/2001/411pdf Choose translations of the previous link )
05.07.2000
Commission proposes the creation of a Community Patent

Supplementary protection certificate

18.07.1996
Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products
18.06.1992
Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products

Studies

Quality of the Patent System

03.03.2011
Study on the quality of the patent system in Europe

Community patent

14.04.2010
“Patent fees for a sustainable EU (Community) patent system”, by Prof. Bruno Van Pottelsberghe, PhD, Université libre de Bruxelles and Jérôme Danguy, Université libre de Bruxelles

07.04.2009
“Economic cost-benefit analysis of the Community patent”, by Prof. Bruno van Pottelsberghe, PhD, Université Libre de Bruxelles

Patent Litigation

26.02.2009
“Economic Cost-Benefit Analysis of a Unified and Integrated European Patent Litigation System”, by Prof. Dietmar Harhoff, Ph.D., Ludwig-Maximilians-University, Munich

03.10.2006
Consultation on the follow-up study on “The possible introduction of an insurance against costs for litigation in patent cases” by CJA Consultants, Ltd

01.06.2006
Follow-up study on “The possible introduction of an insurance against costs for litigation in patent cases” by CJA Consultants, Ltd

12.03.2003
Study: “The possible introduction of an insurance against costs for litigation in patent cases” by CJA Consultants Ltd, European Policy Advisers, Britain and Brussels

Patent value

23.07.2006
Study on patents: “What are patents actually worth? – the value of patents for today’s economy and society”

09.05.2005
Study on patents: “What are patents actually worth? – the value of patents for today’s economy and society”

14.02.2003
Study: “The role of national patent Offices, the European patent office as well as Japanese and US patent offices in promoting the patent system” by IBM Business Consulting Services B.V., Almere

Other documents

13.05.2008
U.S. Government and European Commission roadmap to support and facilitate international patent law harmonization agreed by the second meeting of the Transatlantic Economic Council held on 13 May 2008 in Brussels.
25.04.2000
Conference on patent insurance
12.02.1999
Communication from the Commission: “Promoting innovation through patents”
06.10.1998
Patents: results of auditionpdf Choose translations of the previous link  on 5 October 1998 concerning the period of grace
25.06.1997
Commission approves Green Paper on the Community patent and the patent system in Europe