Patents

• Enhanced cooperation in the area of unitary patent protection
• Conference: Future Patent Policy in Europe (03.11.2010)
• Enhancing the patent system in Europe
• Consultation and public hearing on future patent policy in Europe
• Community Patent
• Supplementary protection certificate
• Studies
• Other documents

Enhanced cooperation in the area of unitary patent protection

At the request of 12 Member States, the Commission proposed to launch enhanced cooperation in the area of unitary patent protection on 14 December 2010. Following the Commission's decision, another 13 Member States submitted their request to join the enhanced cooperation. The European Parliament gave its consent on 15 February and on 10 March 2011, the Competitiveness Council authorised the launch of enhanced cooperation with the participation of 25 Member States.

The implementation of the authorising Council decision requires the adoption of two regulations; one on the creation of unitary patent protection and a second on the applicable translation arrangements. On 13 April 2011, the Commission adopted the proposals for the implementing regulations 

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
   

Enhancing the patent system in Europe

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.

14.05.2004	The proposals before the Council in May 2004 – frequently asked questions  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 patent reduces translation cost for patents in Europe by more than 50%
03.03.2003	Political Approach adopted by the Council – Document 7159/03
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 final
29.03.2001	Opinion of the Economic and Social Committee on the ’Proposal for a Council Regulation on the Community patent’ (CES/2001/411)
05.07.2000	Commission proposes the creation of a Community Patent Press release Frequently Asked Questions Full text of the proposal

See also:

• The Community Patent at the Competitiveness Council: Press Releases and outcome
• The Community Patent at the European Council meetings: Conclusions of the Presidency

Supplementary protection certificate

Studies

Quality of the Patent System

Community patent

Patent Litigation

Patent value

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. Roadmap
03.02.2005
25.04.2000	Conference on patent insurance Agenda of the conference Presentation of Ernest Kay, LBT Services London
12.02.1999	Communication from the Commission: "Promoting innovation through patents" Press release Full text
06.10.1998	Patents: results of audition 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 Press release Full text How does the European system of patents work?