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Community patent
On 1 August 2000, the Commission proposed the creation of a Community patent by way of an EC Regulation (PDF, 134 KB).
Discussions in the Council have resulted in a Common Political Approach dated 3.3.2003 laying down the compromises achieved on four critical issues (jurisdiction, languages and costs, role of national patent offices and distribution of fees).
The latest Proposal for a Council Regulation on the Community patent is dated 8.3.2004 (document 7119/04).
In addition, on 23.12.2003, the Commission published its proposals for the Community Patent Court:
- Proposal for a Council Decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent - COM(2003) 827 final
- Proposal for a Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance - COM(2003) 828 final
Once the Community Patent Regulation has been adopted, it will be necessary to revise the EPC in order to accommodate the Community patent and enable the European Community to become party to the EPC. The latest Council Proposal for amendments to the EPC is dated 19.11.2003 (document 15088/03).
In January 2006, the Commission launched a public consultation on how future action in patent policy could best take account of stakeholders' needs. The Questionnaire on the patent system in Europe published on that occasion by the Commission focuses on three major issues:
- the Community patent,
- how the existing European patent system could be improved in the near future and
- possible areas for harmonisation.
The EPO's reply to the Questionnaire has been made public.
The consultation process has brought renewed attention to projects which have been suffering from the deadlock of the years 2004-2005 as well as new momentum to the arduous endeavour of reforming patent law in Europe. On 12.7.2006, the Commission hosted an open hearing in Brussels. The stated aim of the hearing is to initiate a second phase of the consultation, at the end of which the Commission will present its views on the future patent policy in Europe.
In preparation for the hearing on 12.7.2006, the Commission published its preliminary findings of the consultation. In addition, a short report on the hearing has been made available together with most speeches and ppt-presentations given at the hearing, including the intervention by Professor Pompidou, President of the EPO.
On 29.3.2007, the Commission adopted the communication "Enhancing the patent system in Europe".