In early December the EU Competitiveness Council agreed on a course for the Community Patent Regulation. It was a crucial step towards a more efficient patent system in Europe.
– The goal is to create a more uniform patent system that not only reduces the legal uncertainty, but also makes it cheaper and easier to file patent applications within the EU, says Björn Andersson, Authorized European Patent Attorney and Partner of Ström & Gulliksson. The change is expected to have a positive impact on the pace of innovation, which eventually will strengthen the global competitiveness of the EU.
The discussion on a new so-called Community Patent, i.e. a patent that is subject to the same rules in all 27 EU member states, has been going on for many years. The negotiations have made slow progress mainly because of the failure to reach political consensus as to how many languages the new Community Patent should be translated into and which language should be applied in disputes. Now it has been decided to handle the language issue separately, which is expected to lead to a somewhat faster procedure. However, a decision on the language issue
requires that all member states agree, which paves the way for further lengthy negotiations.
Meanwhile the EU Court of Justice continues to review the agreement on a new European Patent Court of Justice embracing both the new Community Patent and the existing European Patent based on the European Patent Convention, EPC. A clear advantage of the new court is
that companies will not have to litigate in each member state. Another advantage is that a patent can no longer be revoced in one member state while being fully valid in another one.
– We welcome the new progress in the discussions concerning the new Community Patent. It is a purely European patent covered by the same rules wherever the patent owner originate or operate. The new system is particularly interesting for everyone who wants to expand internationally and needs patent protection in several European countries, says Björn Andersson.
– In addition to time and cost savings it will give our clients yet another tool to use in developing patent strategies. In addition, it gives flexibility for the future since we will have a uniform protection in all EU countries simultaneously. Consequently it is not necessary to decide in advance in which countries patent protection will be needed; by continuing to pay the annual fees the protection will persist in all EU countries.
The Community Patent Regulation will now be passed on to the European Parliament which will take position in a so-called first reading. Then it will be returned to the EU Competitiveness Council after which it will be sent once more to the European Parliament for a decision. Even though the issue is of high priority within the EU, it will take approximately between two and three years until the new Community Patent Regulation will enter into force.
Please contact any of our Authorized European Patent Attorneys if you have any questions about patent protection within the EU:
Björn Andersson
Boman Axelsson
Erik Bolmsjö
Karin Engdahl
Magnus Berglund
Leif Jörgensson
Leif Karlsson
Stellan Petri