Brussels, 02/12/2011 (Agence Europe) - The negotiations between the European Parliament and the EU Council of Ministers reached agreement on Thursday 1 December on three issues surrounding the future EU patent. Ministers will discuss the agreement in their turn on Monday 5 December at the Competitiveness Council in Brussels. The deal paves the way for resolving all outstanding issues by March 2012, once the agreement has been formally endorsed by the Council of Ministers and EP.
Three questions were on the table - setting up the patent, the language in which patents must be lodged and issued, and a court to settle patent disputes. The EP only acts as a co-decider on the first issue (being merely consulted on the other two). A press release explains that the agreement backs the Commission's idea of allowing inventors from countries not currently covered by the patent system to apply for an EU patent. Special measures have been introduced to ensure that small businesses benefit from reduced costs and a sound system for patent renewal fees.
On the language question, the deal suggests that patents be translated into English, German and French, but patent applications can be lodged in any EU language. The translation fees for languages other than the three official patents languages will be reimbursed.
Agreement is currently being negotiated by the member states to determine the process of sending patent disputes to court at reduced cost, which should also reduce legal uncertainty due to differences in the way countries interpret the rules, explains the EP. Klaus-Heiner Lehne (EPP), rapporteur on this issue, said that the litigation system must be made efficient through a decentralised structure, clear procedural rules and judges selected for their competence. The parties agree that the new patent will come into force in 2014.
Twenty-five EU member states are involved in the deal, using the enhanced cooperation procedure because Italy and Spain have opted out over the language question, and the competitiveness ministers of the 25 nations will discuss the compromise on Monday 5 December. The EP's legal affairs committee will examine it when the committee meets on 19 December.
A Council of Ministers' source said on 1 December that if all goes according to plan, the outline of the new EU patent system should emerge in January 2012 following adoption by the EP plenary. It is supposed to cut the costs to European businesses of registering and protecting intellectual property rights to inventions and thus make the EU more competitive. The small print has not yet been settled because questions like the location of the patent dispute settlement court remains to be seen, along with the system for reimbursing costs to companies (whether a set fee or a different cost for different sized companies). (SP/transl.fl)