Council of the European Union

Vendredi 6 Juillet 2012

Council of the European Union

Common Political Approach (Extracted from Report from the 3 March meeting of the Competititveness Council)

The Council reached agreement on a common political approach regarding the Community Patent. Discussions went along the suggestions of the Presidency compromise proposal taking into account elements from previous debates.
The compromise text setting out the main features for the jurisdictional system for the Community Patent, the language regimes,- costs, the role of national patent offices and the distribution of fees, seeks to find a balanced solution for all elements as mentioned in the document below:

Community Patent Court

Proposal for a Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance
Opinion of the Court of Justice of the European Communities

Translation of claims and distribution of revenue from fees

The Community patent is a fundamental, but still missing element of the EU’s industrial property system. Together with the development of a patent jurisdiction for the Community, the creation of the Community patent title would provide users with an optimal patent system to encourage innovation and improve the competitiveness of the European economy.

In its Communication to the European Parliament and the Council (3 April 2007 COM (2007) 165 Final) “Enhancing the patent system in Europe”, the Commission “is of the opinion that the creation of a single Community patent continues to be a key objective for Europe. The Community patent remains the solution which would be both the most affordable and legally secure answer to the challenges with which Europe is confronted in the field of patents and innovation…

The Commission considers that it should be possible to find effective solutions and it will explore with the Member States how to improve the language regime with a view to reduce translation costs of the Community patent while increasing legal certainty for all, and in particular for the benefit of SMEs. Possible options could involve fee reductions for SMEs or schemes allowing for flexibility in the translation requirements”.

The Presidency wishes to relaunch efforts to create a Community patent, building on previous work with the goal of fulfilling the long-awaited expectations of patent users in Europe.To reach a global agreement on the Community patent, the Presidency intends to focus the Council discussion on two major subjects:
- the question of translation of patent claims and
- the distribution of revenue from fees paid to maintain the Community patent in force.

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