ADMINISTRATIVE COUNCIL
Reports on meetings of the Administrative Council
Report on the 97th meeting of the Administrative Council of the European Patent Organisation (15 to 17 June 2004)
The Administrative Council of the European Patent Organisation held its 97th meeting in Munich from 15 to 17 June 2004 under the chairmanship of Mr Roland GROSSENBACHER (CH).
The President of the European Patent Office, Mr Ingo KOBER, presented the Office's activities report for the first four months of 2004. The Council then addressed the following major issues:
The Council unanimously decided to give Malta, which was invited to join the European Patent Organisation, observer status on the Council. Croatia was likewise granted observer status.
The Council gave a unanimous favourable opinion on the basic assumptions for the business plan as well as the budget and financial plan 2005-2009.
The Council, with effect from 1 October 2004, appointed Mr P. KITZMANTEL (AT) as Chairman of a new Board of Appeal in chemistry and, in accordance with long-standing practice, as technically qualified member of the Enlarged Board of Appeal. It also appointed Mr C. NARCISI (IT), Mr P. WEBER (FR), Mr G. ASHLEY (GB), Mr Y. JEST (FR), Mr M. POOK (DE), Mr M. GORDON (GB), Mr J. JARDON-ALVAREZ (ES), Mr W. EHRENREICH (DE) and Ms A. RITZKA (DE) as technically qualified members of the Boards of Appeal as well as Mr T. BOKOR (HU) as legally qualified member of the Boards of Appeal, each appointment taking effect from 1 October 2004 save for Ms A. RITZKA and Mr T. BOKOR, whose appointments will take effect on a date between 1 October 2004 and 1 January 2005, to be mutually agreed between the President and the respective appointee. The Council re-appointed several Chairmen and members of the Boards of Appeal, Enlarged Board of Appeal and the Disciplinary Board of Appeal respectively.
For the purposes of selecting a new Vice-President DG 1, a committee comprising the Chairman and Deputy Chairman of the Council as well as the President of the Office was established in accordance with article 4 of the Guidelines for the recruitment procedure for Vice-Presidents. The decision to appoint the new Vice-President will be taken at the next Council meeting (26-28 October 2004).
The Council noted that the President of the Office had appointed Mr Guillaume MINNOYE as interim head of DG 1 with effect from 1 July 2004.
Regarding trilateral co-operation and related strategic issues, the Council gave a unanimous favourable opinion on the strategy as well as on timeframes for ensuing talks proposed by the Office. The Council stressed its wish to become yet more closely involved in such future talks.
The Council noted the status report on the Community patent delivered by the Irish delegation, representing the state holding the EU Presidency in the first half of 2004.
The Council considered that the draft basic proposal for a revision of the European Patent Convention implementing the organisational autonomy of the Boards of Appeal of the European Patent Office within the European Patent Organisation was ready for submission to a diplomatic conference and would be put on the agenda of such a diplomatic conference. However, due to Community patent issues having stalled, the Council unanimously decided to cancel the November 2004 date previously envisaged for a diplomatic conference and to revisit the issue at a future stage.
The Council unanimously approved the creation of a "European Patent Academy", the discussion on budgetary aspects of such academy being postponed to the Council's October meeting.
The Council unanimously decided to amend Article 5(1) of the Regulation on the establishment of an institute of professional representatives before the European Patent Office. The title of such professional representative will now read "zugelassener Vertreter vor dem EPA", "European patent attorney" and "mandataire en brevets européens" respectively.
The Council noted that several delegations and the Chairman had made written contributions regarding a strategy debate on PCT co-operation in Europe. In order to encourage a wide debate among the interested circles and to seek further contributions, the Council unanimously decided to publish the contributions received so far on the European Patent Organisation website. The Council gave a unanimous favourable opinion on the future conduct of discussions and set the date for an extraordinary Council meeting (24-26 November 2004) to address the question of PCT co-operation. The Council agreed to return to the request from the Finnish delegation on the recognition of Finnish PCT searches under Article 157(3) EPC at its October meeting.
Support for the Office's proposal to construct and purchase Phase VIII of the PschorrHöfe building failed to reach a three-quarter majority. The Council mandated the Office to negotiate a lease with a buy option. A revised proposal will be presented for decision to the Council's October meeting. At that meeting a decision will also be taken on reforming the Building Committee, possibly consisting of 6 or 7 specialists from the contracting states, its members and chairman being appointed by the Council.
The Council noted the information provided by the Office concerning the strategy suggested by the European Patent Office patent information survey and indicated its wish to be updated on future developments.
The Council paid tribute to Mr Ingo KOBER, who would leave the Office on 30 June 2004 after eight and a half years in office. A leaving ceremony was held in his honour during the course of the meeting of the Council.
The Council also bade farewell to Mr Elmar HUCKO and Mr Erik VRENKO, heads of the German and Slovenian delegation respectively.