Advances in Single European Patent campaign
The European Commission has succeeded in formally presenting a proposal allowing 12 European Union (EU) countries to push for a ‘single European patent’. These member states have acted under the process of ‘enhanced co-operation’; this process allows nine or more countries to ask the commission to support and allow a proposal on which a united EU agreement (of all 27 member states) has not been reached.
Under the current rules the European Patent Office (EPO) is able to grant patents through the deligation of decisions to the patent offices in countries both within and beyond the EU. This method means that if one country opposes a patent request then it can jeopardize the entire patent proposal. The current system can be lengthy and costly with patents taken approximately 4 years to pass through the system. The inconsistencies between the decision-making processes of each EU country, along with the significant cost of translation (75% of the total EPO charge, which for a patent in 13 EPO countries would equate to €20,000), means the current patent system is fragmentary and highly inefficient.
The new proposal from 12 EU countries, including France, Germany, the Netherlands and the UK, would opt for a single patent plan and judicial system to control it. Patents would be proposed in one of three languages: English, French or German with prosposers able to get their proposal translated into their own tongue. The Commission states that any translation costs the proposer amounts would be “eligible for reinbursement”. Such a method would significantly reduce the period of decision-making and the cost of any proposal on the proposer (particularly important for small to medium businesses).
However the idea of a single European patent has always been controversial and this new proposal faces heavy opposition from Spain and Italy. Only with the European Treaty has the process of ‘enhanced co-operation’ been able to take place and the sticking point with the proposal has always been the role of translation within the patent procedure. Both Spain and Italy have asked for a semi-monolingual translation system if the proposal is to go ahead. This basically would involve all patents being proposed in English and then being translated into a second European language if the proposer desired. The Belgium compromise has tried to placate these concerns by allowing English to be the dominant language but “only in the transitional period” whilst translation equipment is being prepared.
Meanwhile the 12 countries defend their proposal’s use of three languages because they are the first, second, and fourth most popular languages in which patents are proposed (German 18.7%, French 6.6%, followed by Dutch and English). Business leaders such as Keith Hodkinson, Chairman of Intellectual property at Marks and Clerk International, have backed the campaign; Hodkinson states that those presenting the proposal are the “key markets in most industries” and that if the proposal passes it might “kickstart” support in remaining EU member states.
Current legislation states that the commission must now produce a more detailed proposal including translation requirements, this will be presented sometime early this year. The decision to authorize enhanced co-operation must then be approved by member states via a qualified majority and with the consent of the European Parliament.
If this proposal does pass then will the remaining EU states be persuaded to jump on the patent bandwagon or could these states’ nonparticipation help to complicate what is already an extensive and arduous process.
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