Brussels, 15/02/2011 (Agence Europe) - On Tuesday 15 February, the European Parliament, by a wide majority, gave its consent for the enhanced cooperation procedure to be used to create a Community patent system. In December 2010, 12 member states made a request for this procedure after it proved impossible to get all member states to agree on an EU-wide patent system. All member states, with the exceptions of Italy and Spain, which are opposed to the three-language (English, French and German) mechanism planned, have since indicated that they will join the procedure. The report was passed by 471 votes to 160, with 42 abstentions.
For years, member states have been trying to agree on an EU-wide patent system but the necessary unanimity proved impossible to achieve. Currently, national patents can co-exist alongside a European patent, but the system is complex and expensive: a European patent can be 10 times more expensive than a comparable US patent. A unitary patent system would make it easier and cheaper for inventors, help tackle infringements and create a level playing field for Europe's innovative businesses.
The next steps. The Competitiveness Council, which will meet on 9-10 March, is expected to formally adopt the decision authorising enhanced cooperation. The Commission will then submit two legislative proposals: one establishing the single patent (under the co-decision procedure) and the other on the language regime (consultation procedure). In the resolution drafted by Klaus-Heiner Lehne (EPP, Germany), MEPs call on the Council to use the co-decision procedure for both proposals.
Barnier - an important stage, a decisive step. European Parliament approval for enhanced cooperation, used for only the second time in the history of the EU, was welcomed by Single Market Commissioner Michel Barnier as “an important stage” and “a decisive step” towards setting up the European patent and “towards making life easier for European companies and inventors”. He continues to “hope that all countries will decide to take part in this cooperation” and notes that “unitary protection will be available to all the companies of the EU, no matter in which member state they are established”.
Marielle Gallo (EPP, France) said the vote gave hope to European companies. Sajjad Karim and Malcolm Harbour (both ECR, UK) laid greater emphasis on the fact that the European patent would be “cheaper and easier”. (Gp/transl.rt)