ADMINISTRATIVE COUNCIL
Reports on meetings of the Administrative Council
Report on the 100th meeting of the Administrative Council of the European Patent Organisation (7 to 9 December 2004)
The Administrative Council of the European Patent Organisation held its 100th meeting in Munich from 7 to 9 December 2004, with Mr Roland GROSSENBACHER (CH) presiding and Lithuania for the first time attending as a full member (the 30th), having joined the Organisation on 1 December 2004.
After noting the activities reports presented by its chairman and, for the second half of 2004, the EPO President, Professor Alain POMPIDOU, the Council carried out various important elections and appointments:
- Ms Gun HELLSVIK (SE) was elected member of the Board of the Administrative Council for a three-year term with effect from 1 January 2005
- Mr José A. FERRIN GUTIERREZ (ES) was reappointed member of the Board of Auditors for a further five-year term with effect from 1 April 2005
- Mr Hans-Joachim LÖFFLER (DE) was reappointed deputy chairman of the RFPSS Supervisory Board for a three-year term with effect from 1 January 2005
- Messrs Gerald PILZ (AT) and Marcus Giorgio CONTE (IT) were appointed, with immediate effect, full and alternate members respectively of the RFPSS Supervisory Board.
The Council also reappointed several board of appeal chairmen and members:
- Mr John OSBORNE (GB), reappointed technically qualified member of a technical board of appeal with effect from 1 February 2005
- Mr William WHEELER (GB), reappointed technically qualified member of the Enlarged Board of Appeal and chairman of a technical board of appeal (electricity) with effect from 1 March 2005
- Ms Bianca TER LAAN (NL), reappointed technically qualified member of a technical board of appeal with effect from 1 March 2005
- Mr Jacobus JONK (NL), reappointed technically qualified member of a technical board of appeal with effect from 1 March 2005
- Mr Michel NOEL (FR), reappointed technically qualified member of a technical board of appeal with effect from 1 March 2005
- Mr Walter MOSER (CH), reappointed chairman of a technical board of appeal (mechanics) with effect from 1 April 2005
- Ms Françoise DAVISON-BRUNEL (FR), reappointed technically qualified member of a technical board of appeal with effect from 1 April 2005
- Mr Gerhard KADNER (DE), reappointed technically qualified member of a technical board of appeal with effect from 1 April 2005
- Mr Martin HATHERLY (GB), reappointed technically qualified member of a technical board of appeal with effect from 1 July 2005.
On international affairs, the Council noted the report on the 22nd trilateral conference, held in Washington from 15 to 19 November 2004, and reiterated that the Office had no mandate to speak on behalf of the member states in negotiations regarding political questions in the trilateral framework. Nevertheless, considering that it is highly desirable for Europe to speak with one voice in international fora, it was agreed that the Council should have exploratory discussions on these political questions at its June meeting so as to give the President some orientations for his discussions with the JPO and the USPTO.
On "PCT co-operation in Europe", the Council noted the summary of conclusions of its 99th (extraordinary) meeting (The Hague, 24 to 26 November 2004) devoted exclusively to that topic.
The Council also approved an action plan designed to give rise to an interim agreement concerning PCT applications for which the international search report has been drawn up by the Finnish Patent Office.
On legal affairs, the Council noted the oral report given by Mr Lex KAUFHOLD (LU), co-chair of the Working Party on Litigation, on its sixth meeting (Munich, 8 December 2004), and approved the request that in 2005 the European Patent Organisation continue to provide organisational and financial support to the working party and its sub-group.
The Council also took a number of important decisions amending the EPC Implementing Regulations, the Rules relating to Fees, and the Financial Regulations:
- dispensing with paper publication of patent applications and specifications, and introducing a period of grace for paying (with a surcharge) designation fees for Euro-PCT applications entering the European phase; achieved by amending Rules 54 and 108 EPC and Article 2 RFees (CA/D 22/04)
- introducing the extended European search report (EESR); achieved by inserting new Rule 44a EPC and amending Articles 2 (items 2 and 6) and 10 RFees (CA/D 18/04)
- reducing time delays after issue of the Rule 51(4) EPC communication (CA/D 19/04)
- changing the fee for re-establishment of rights (CA/D 21/04)
- amending the FinRegs to allow implementation of International Financial Reporting Standards (CA/D 16/04)
In technical co-operation/information, the Council noted the progress report on the innovation support training programme, and approved the European machine translation programme and the co-operation programme on a standardised search tool for patent information. It also noted information about international co-operation with non-member states.
On personnel matters, the Council approved the annual pay adjustment for EPO staff (CA/D 15/04) and amendments to the Service Regulations on maternity, special and adoption leave and introducing parental and family leave (CA/D 9/04).
The Council also noted the Actuarial Advisory Group's report on the equilibrium of the pension scheme, and agreed that developments should be followed very closely.
Regarding internal organisation, the Council gave a favourable opinion in principle on the Office's proposed reallocation of tasks and responsibilities between its directorates-general.
The Council also noted the Office's information about its quality policy.
On financial and budgetary matters, the Council approved the accounts for 2003 and, after discussing the report of the Board of Auditors and hearing the opinion of the Budget and Finance Committee, discharged the President in respect of implementation of the 2003 budget and the Fund Administrator in respect of fund management during the 2003 accounting period.
Lastly, the Council adopted the budget for 2005, with income and expenditure balanced at EUR 1 118 170 000 and a table of posts comprising 6 572.5 staff (2004: 6 528) (CA/D 1/04).