EU Patent Plan Gets Go-Ahead

by Robin Pilgrim, LawAndTax-News.com

05 March 2003

European Union Competitiveness Ministers have reached agreement over an EU patent, ending thirty years of debate on the issue, according to reports.

Under the terms of the plans drawn up on Monday, a central patent office will be established in Luxembourg from 2010, but until then, national courts will be able to legally supervise the filing of EU patents, which should begin in two to three years.

Although, given the long-standing nature of the debate, EU member states are keen to get the ball rolling as soon as possible, the proposals must first be ratified by national parliaments, a fact which led Germany's under-secretary for transport, Hans-Jorg Geiger to observe this week that: 'if we had the first EU patent by 2005, this would be very speedy'.

Germany, which according to reports currently files around 42% of all patent claims had opposed the EU patent plans due to their centralised nature, as the European Patent Office has been located in Munich since 1972. However, Mr Geiger revealed, following Monday's meeting, that a 'sensible compromise' that 'we can all live with' has been reached.

The new plans, whereby initial requests for EU patents need only be filed in English, German, and French, and detailed applications need only be submitted in one language in the first instance, have been welcomed by innovators in the United Kingdom, according to a Times Online report.

Speaking to the newspaper on Tuesday, Mandy Haberman, inventor of the Anywayup childrens cup, heralded the introduction of a single patent as a 'huge boost' for innovation in the European Union.

However, not everyone is so enthusiastic. Earlier this week, prior to the recommencement of the talks, it emerged that many European businesses feel that the proposals have been watered down to the point where they are of little use in terms of retaining a competitive edge over US companies.

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