Brussels, 08/06/2007 (Agence Europe) - Alain Pompidou, president of the European Patents Office (EPO), takes the view that there is now “across-the-board political consensus” in France in favour of ratifying the London Protocol. The draft international agreement aims at a 40% reduction in translation costs incurred when a patent application is filed with EPO. According to the draft, applications must be translated into the three official languages of EPO (German, English and French). Only France's ratification is needed for this to come into force, plus that of ten EPO member states including Germany and the United Kingdom that have already ratified it. The situation may change now that Jacques Chirac has been succeeded by Nicolas Sarkozy at the head of the French state. Mr Pompidou, who is “quite optimistic”, considers it is possible to ratify the Protocol “by the end of the year”. In his view, this would be a “major move forward” in the dossier on reform of the patents system in Europe, in so far as it would promote adoption of the “Community patent”.
The EPO president spoke of difficulties within the Council when it comes to approximation of patent litigation law. Speaking of his organisation's proposed European Patent Litigation Agreement (EPLA), he said that this could take effect “within three to five years”. This, according to Mr Pompidou, would be more or less along the lines suggested by EPO, that is, allowing for the creation of a network of national appeal courts and a European appeal court responsible for interpreting the legislation on European patents and the future European patent. It remains to be seen whether this jurisdictional system will depend on the EU Court of Justice as France, Spain, Italy and Portugal would like (see EUROPE 9314), or whether it will come about completely outside the Community system under the aegis of EPO. “We must be very pragmatic about this”, warned Mr Pompidou, in order to rally the non-EU EPO member states such as Switzerland and “comply with Community legal instruments and expertise”. He went on to add: “We have two projects. These must converge if we are to find the right solution”. A third solution combining these two was put forward by the Commission in its communication in April this year (see EUROPE 9400 and 9390).
With Malta's recent membership, EPO now has 32 members. Mr Pompidou pointed out that Norway would join the organisation in early 2008, and that discussions were underway with the Balkan states. EPO has carried out internal restructuring to improve the quality and the speed of its procedures and to improve the quality of the patents that it delivers. Mr Pompidou said EPO's aim was to reach “best legal certainty for patents in order to avoid all litigation”. He went on to add that litigation in Europe accounts for less than 3% of patents issued, that is, 10 times fewer than in the United States or Japan. As of 1 July, Alison Brimelow of Britain will take over as EPO president. (mb)