Consultation on Patent Policy In Europe
On January 16, 2005, the European Commission announced that it has launched a public consultation on how future action in patent policy to create an EU-wide system of protection can best take account of stakeholders' needs. Stakeholders are invited to submit their contributions by 31 March 2006 which will form the basis of a Commission hearing to be organised in Brussels on 13 June 2006.
The consultation focuses on three major issues: the Community patent; how the current patent system in Europe could be improved; and possible areas for harmonisation. The Commission is also seeking views on what action could be taken while work on the Community patent is continuing, in particular within the framework of the existing European patent system, or by bringing national patent systems more closely in line with each other through either approximation of laws or mutual recognition of national patents. The legal framework for jurisdiction over patent disputes is an area of significant interest in this context.
According to Tobias Buck writing about the consultation document for the Financial Times on January 15 2006, "The absence of a functioning EU-wide patent regime is one of the biggest complaints of business leaders in Europe. According to a recent study commissioned by Brussels, the cost of registering patents across the EU typically varies between €37,500-€57,000 ($45,500-$69,200). By contrast, the cost of registering a US patent is about €10,000 – a factor often cited by Brussels officials as part of the explanation for the EU’s failure to improve its levels of innovation."
More information about the Community Patent proposal is available here.
The consultation focuses on three major issues: the Community patent; how the current patent system in Europe could be improved; and possible areas for harmonisation. The Commission is also seeking views on what action could be taken while work on the Community patent is continuing, in particular within the framework of the existing European patent system, or by bringing national patent systems more closely in line with each other through either approximation of laws or mutual recognition of national patents. The legal framework for jurisdiction over patent disputes is an area of significant interest in this context.
According to Tobias Buck writing about the consultation document for the Financial Times on January 15 2006, "The absence of a functioning EU-wide patent regime is one of the biggest complaints of business leaders in Europe. According to a recent study commissioned by Brussels, the cost of registering patents across the EU typically varies between €37,500-€57,000 ($45,500-$69,200). By contrast, the cost of registering a US patent is about €10,000 – a factor often cited by Brussels officials as part of the explanation for the EU’s failure to improve its levels of innovation."
More information about the Community Patent proposal is available here.
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Sir Robin Jacob, a judge at the Court of Appeal who specialises in intellectual-property law, explains why he believes that the previous Community Patent proposal failed at http://news.zdnet.co.uk/business/legal/0,39020651,39247521,00.htm
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