On Wednesday 28 February, MEPs adopted several reports for the patent package: four reports by Tiemo Wölken (S&D, German) on Supplementary Protection Certificates (SPCs) and the report by Marion Walsmann (EPP, German) on Standard Essential Patents (SEPs).
Standard Essential Patents
Ms Walsmann’s report adopted in the JURI Committee (see EUROPE 13335/7) won over the majority of her colleagues, who approved it by 454 votes to 83 with 78 abstentions. None of the amendments tabled by members of her own group and members of Renew Europe were approved (see EUROPE 13359/7).
“The new instruments will bring much-needed transparency to an opaque system, make negotiations fairer and more efficient, and strengthen European technological sovereignty”, said the text’s rapporteur after the vote.
Checks on patent essentiality will “stop the occurrence of over-declaration and strengthen EU SEP holders’ position in global markets”, she illustrated, explaining that almost 85% of SEPs in 5G are in fact “non-essential”.
For IP Europe, on the other hand, the European Parliament “ignored strong objections from [...] experts [...] including from the European Patent Office, who questioned the [...] need for this regulation and the radical nature of the proposed changes”.
Supplementary Protection Certificates
The European Parliament also approved the four reports by Tiemo Wölken on supplementary protection certificates for medicinal products and plant protection products. SPCs extend the duration of certain rights associated with patents.
These four regulations create a centralised procedure for granting SPCs and also create the possibility of giving them European value, along the same lines as the unitary patent. “This will reduce the time lost in official requests and checks”, said the rapporteur on the eve of the vote. “The new system must be European, which is good for industry and reduces costs and pressure”, he added. (Original version in French by Léa Marchal)