Brussels, 09/03/2000 (Agence Europe) - Visiting the European Patent Office (EPO), in Munich, Frits Bolkestein, European Commissioner responsible for the Internal Market, confirmed that the draft for a community patent would be presented between now and July. "It is a major political priority for theEuropean Commission (…) The importance of the project for stimulating growth, competitiveness and innovation is underpinned in the Commission's contribution to the European Summit of Helsinki of March on economic and social renewal in Europe. Both the current Portuguese Presidency of the Council and the French Presidency to follow have promised to make of this a priority in their working programme", he told Ingo Kober, EPO President, on Tuesday.
The Commission had already announced this draft regulation for the end of last year, in a communication dated February 1999 entitled "Promoting innovation through the patent". The delay has been used for in-depth consultations with the European Parliament and interested circles, said the Commissioner. The Commission has thus been able to clarify its position on certain key-aspects of the project.
Regarding the "litigation settlement system", notably, the European Commission is now tending towards the creation of a centralised European court at both first and second instance, specifically competent in the field of patents (proposal that it has, moreover, included in its contribution to the Intergovernmental Conference for the reform of Community institutions). This solution "would be a response to the serious work overload in the Court of Justice and the Court of First Instance and to the demand of European industry for centralised, common courts", Mr. Bolkestein explained. Only a centralised European court could ensure a coherent interpretation of legislation, and this approach would eliminate the risk of national courts, without specific experience in the field of patents, having to decide on the validity of a Community patent - risk that would increase with enlargement".
Another major question in suspense is that of the language regime that should prevail for the Community patent. For reasons of cost, the Commission would like to introduce the simplest regime possible. The cost of patents is indeed one of the great handicaps for Europe in relation to the United States and Japan, and the cost of translation would amount to some 39% of the total. The problem is a delicate one however, and Commissioner Bolkestein remains evasive: "The Commission is still considering how best to reduce translation costs by reducing translation obligations", he simply said.
EUROPE recalls that that the European patent, which already exists and is managed by the Office in Munich, consists in a stack of national patents (through a single request the inventor receives patents from several countries), whereas the Community patent would have direct economic effects.