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EU adopts unified patent regime

European Parliament logo for Your Expert Witness storyOn 12 December the European Parliament voted to implement a common European patent law. It follows an agreement earlier this year to unify the patent courts into three centres in the UK, Germany and France.

According to a release issued by the Parliament: "After over 30 years of talks, a new regime will cut the cost of an EU patent by up to 80%, making it more competitive vis-à-vis the US and Japan. MEPs cut costs for small firms and tailored the regime to their needs, in a compromise deal with the Council endorsed by Parliament on Tuesday."

Bernhard Rapkay, the German MEP who led on the regulation setting up the unitary system, commented: "Intellectual property must not stop at borders. The path towards the introduction of the EU patent was long and troubled, but ultimately it has been worth the effort. Today's vote is good news for EU economy and especially for European small and medium enterprises."

Italian MEP Raffaele Baldassarre, who led talks on the regime for translating EU patents, described the current regime as "...effectively a tax on innovation".

According to the European Commission, the new patent will be cheaper and more effective than current systems in protecting the inventions of individuals and firms. The new regime will provide automatic unitary patent protection in all 25 participating member states, cutting cuts costs for EU firms and hence boosting their competitiveness. When the new system is up to speed, an EU patent may cost just €4,725, compared to an average of €36,000 needed today.

Any inventor will be able to apply to the European Patent Organisation (EPO) for an EU unitary patent valid in all 25 EU member states taking part. Patents will be made available in English, French and German. Applications will have to be made in English, German or French. If made in another language, they will have to be accompanied by a translation into one of these three languages. Translation costs will be fully reimbursed for EU-based small and medium-sized enterprises, non-profit organisations, universities and public research organisations.

The international agreement creating a unified patent court will enter into force on 1 January 2014 or after 13 contracting states ratify it, provided that UK, France and Germany are among them. The other two acts would apply from 1 January 2014, or from the date when the international agreement enters into force, whichever is the latest. Spain and Italy are currently outside the new regime, but could decide to join in at any time.

Patent lawyers in the UK were lukewarm in their welcome of the new regulations.

Claire Bennett of DLA Piper wrote: "The aim of these proposals is to harmonise the position across Europe and reduce the costs for businesses of obtaining and enforcing a patent in Europe. However, what industry also wants is a system that provides certainty and which, ideally, is better than the system it is replacing. The concern is that what has emerged from the negotiation process is a court system which is anything but that."