Communiqués
179th meeting of the Administrative Council of the European Patent Organisation (Munich, 27 and 28 June 2024)
The Administrative Council of the European Patent Organisation held its 179th meeting in Munich in a hybrid format on 27 and 28 June 2024 under its Chairperson Josef KRATOCHVÍL (CZ).
After the Chairperson's activities report, the Council noted the Office’s comprehensive Annual Review report complemented by a video highlighting the Office’s continued progress over 2023. The main activities and major achievements of 2023 were presented, which included the 50-year celebrations, the entry into operations of the Unitary Patent system, a review of the EPO’s fee policy, and the launch of the Observatory, marking a year defined by quality, inclusivity, co-operation and growth. The Council congratulated the President and the staff on the results and welcomed the focus placed on quality and sustainability.
The Office reported on the EPO Staff Survey 2024 results and received a favourable opinion on the lightly adjusted New Ways of Working policy. The Council also adopted the policy on the secondment of national experts (SNEs), having noted the report evaluating the two-year SNE pilot project launched in 2022.
The Council, as part of the modernisation of the EPO’s external governance proposed by the Chairperson, unanimously adopted a Code of Conduct on the prevention and management of conflicts of interest for the Administrative Council of the European Patent Organisation. In closed session, the Council adopted the decisions laying down the rules for appointing and reappointing, and extending the term of office of the President and Vice-Presidents of the European Patent Office and related amendments to its Rules of Procedure (RoP). The Council also noted the request from Bosnia and Herzegovina to be invited to accede to the EPC.
The Council further noted the catalogue of co-operation projects under SP2028. It also authorised the President to open negotiations on validation agreements with the United Mexican States, the Republic of Trinidad and Tobago, and the Republic of Panama.
Further, the Council decided on the appointment, reappointment and career progression of members of the Boards of Appeal and of the Enlarged Board of Appeal, based on proposals by the President of the Boards of Appeal. It unanimously decided to appoint Mr Alexander PFISTER (CH) as member and to renew the term of office of Mr Colin BIRSS (GB) as external member of the Boards of Appeal Committee.
Finally, the Council noted the reports from the chairpersons of its various advisory bodies on their recent meetings, namely of the Technical and Operational Support Committee, Supervisory Board of the Reserve Funds for Pensions and Social Security, Budget and Finance Committee and the Select Committee. The Council was updated by the Office on the Unitary Patent, and informed by the delegations of Belgium and Hungary (the countries holding the Presidency of the EU Council in 2024, until 30 June and as of 1 July respectively), about the latest developments, progress, and priorities on the Unitary Patent and the EU patent package, notably as regards unitary SPCs.
Council Secretariat
31st meeting of the Select Committee of the Administrative Council held in Munich (21 March 2024)
The Select Committee of the European Patent Organisation held its 31st meeting in Munich on 21 March 2024 under its Chairperson Mr Jérôme DEBRULLE (BE).
The Committee firstly noted the update by the Registrar of the Unified Patent Court (UPC), Mr Alexander Ramsay, on the latest UPC developments and its achievements to date. It also welcomed the information on the signing of the Seat agreement by the Italian government with regard to both the local division and the future Central division in Milan. Further, it welcomed the progress being made by Romania and Ireland, with the former soon to join UPC as its 18th member. The Committee then noted BUSINESSEUROPE’s concerns regarding Supplementary Protection Certificates (SPCs).
The Office gave an update on the status of the operational and financial aspects of the UP system, highlighting in particular the milestone just achieved, namely the registration of more than 22 000 Unitary Patents. At the time of the meeting, the uptake rate stood at 23.5%, up from 22.3% during the second semester of 2023, operations were running smoothly, and financial monitoring indicated that the UPP fee income for 2023 exceeded projections by 36% while costs were as projected. The Committee congratulated the Office on the successful implementation of the UPP.
Finally, the Committee was provided with a comprehensive update by the Office on the communication and promotional activities carried out since its last meeting, with a particular focus on the upcoming first anniversary of the UPP. The European Commission also gave an update on its ongoing efforts concerning UPP-related communication activities, and was invited to provide regular reports to the Committee.
The Committee noted the state of play presented by the Office on the national measures accompanying the implementation of the UPP and the request by the Office to the member states participating in the UPP to promptly provide any updates on these measures as they become available. Furthermore, the Committee noted epi’s intervention on a technical issue related to the maintenance of the Unitary Patent register, in particular in relation to the address of the applicant on the date of filing, and the Office’s statement that the issue had been solved in the meantime.
In closing, the Committee noted that its next meeting would take place in October 2024.
Council Secretariat
Munich, 19-20 March 2024
178th meeting of the Administrative Council of the European Patent Organisation (Munich, 19-20 March 2024)
The Administrative Council of the European Patent Organisation held its 178th meeting in Munich in a hybrid format on 19 and 20 March 2024 under its Chairperson Josef KRATOCHVÍL (CZ) and its Deputy Chairperson, Borghildur ERLINGSDÓTTIR (IS).
The Council was presented with a quarterly report on the Office’s activities, as well as an intermediate report on the New Ways of Working (NWoW) pilot scheme. The Council welcomed the Office’s results, highlighting the unprecedented volume of patent applications, and the achievements of the past months, including the development and improvement of IT tools, the Quality dashboard and Quality Action Plan, the continued active dialogue with users, the patent intelligence services and products, and the long-term sustainability agenda. The Council further welcomed the comprehensive intermediate report on the results achieved since the launch of NWoW in September 2022. Delegations discussed several aspects of the pilot scheme, including the flexibility it provides, the improved work life balance, quality and efficiency of the work undertaken from home, the onboarding of new staff, and the impact on organisational culture.
The Council also noted the management report of the President of the Boards of Appeal for 2023 and congratulated the Board’s staff for their excellent results.
Turning to key strategic decisions, the Council unanimously approved the Strategic Plan 2028 and the corresponding Annual Work Plan 2024. The Council praised the renewed strategic vision of SP2028, highlighting financial sustainability, the importance of digital transformation and the integration of AI tools into the patent granting process, the focus on high quality and timely products and services, the co-operation with the NPOs, the proactive focus on partnerships and the corresponding KPIs.
As part of the modernisation of the EPO’s external governance proposed by the Chairperson, the Council, meeting in closed session, gave a favourable opinion on a proposal regarding appointment/reappointment procedures for the President and Vice-Presidents and voting on (re)elections, (re)appointments and extensions in secret ballot, and noted that the Chairperson, working with the Board of the Administrative Council, will prepare a consolidated version to be submitted to the Council in June. Furthermore, the Council gave a unanimous favourable opinion on a proposal for a Code of Conduct for the Council.
Regarding appointments, the Council unanimously decided to:
- re-elect Mr Antti RIIVARI (FI) as chairperson of the Committee on Patent Law for a term of office of three years, with effect from 1 April 2024 to 31 March 2027, such term of office being renewable;
- elect Mr Adam WILLIAMS (GB) as member of the Board of the Administrative Council for a term of office of three years, with effect from 20 March 2024 to 19 March 2027, as well as Mr Agris BATALAUSKIS (LV), as member of the Board of the Administrative Council for a term of office of three years, with effect from 27 June 2024 to 26 June 2027, such terms of office being non-renewable;
- re-appoint Mr Julyan ELBRO (GB) as alternate member of the Boards of Appeal Committee for a term of office of three years, with effect from 23 March 2024 to 22 March 2027, such term of office being renewable or extendable.
The Council also decided on the appointment and re-appointment of members of the Boards of Appeal, based on proposals by the President of the Boards of Appeal.
As regards legal and international affairs, the Council:
- unanimously approved two recommendations, namely one for a common practice as regards allowable features in drawings and the other for a common practice as regards issuing and accepting electronic priority documents;
- unanimously authorised the President to conclude a validation agreement between the Lao People's Democratic Republic and the European Patent Organisation, and to open negotiations on a validation agreement with the Federal Democratic Republic of Ethiopia.
As regards building matters, the Council noted the information on the new premises of the EPO sub-office in Berlin provided by the Office and by the head of the German delegation, and welcomed the steps announced as regards the completion of that important project within the timeframe foreseen.
Furthermore, the Council noted the reports of the respective Chairpersons of the Committee on Patent Law, and of the Boards of Appeal Committee respectively.
Finally, an update on Unitary Patent protection was presented by the Office, by the Belgian delegation, Belgium being the country to hold the presidency of the Council of the European Union for the first half of 2024, and by the Chairperson of the Select Committee.
Council Secretariat