Push for harmonised EU patent regime

EU presidency wants governments to agree to the creation of a Community Patent.

The Swedish government is pressing other member states to agree on a harmonised EU patent regime.

The holder of the presidency of the Council of Ministers wants governments to agree at a meeting on 4 December to the creation of a Community Patent (Compat) and, provisionally, on setting up a European and Community Patents Court (ECPC) that would rule on allegations of patent infringement or invalidity.

National governments and the European Commission have made several unsuccessful attempts since the 1970s to create an EU patent that would be cheaper than the European patents currently issued by the European Patent Office in Munich. Inventors have to pay for a European patent to be translated into the language of every country where they want it to apply and can face multiple legal challenges in national courts.

But governments have been split over what translation requirements should be imposed, and on what court would be responsible for patent enforcement.

Translation requirements

The Swedish presidency aims to secure agreement on the draft legislation by removing provisions applying to translation requirements. The presidency wants translation to be tackled next year in a separate piece of legislation. Under the Lisbon treaty, which will come into force on 1 December, the translation regime must be agreed unanimously, while the rest of the legislation can be adopted by a weighted majority of member states.

Several member states, including Spain, Luxembourg and Italy, have raised doubts as to whether the structure proposed for the ECPC is compatible with EU primary law. Governments in June asked the European Court of Justice to give an opinion on the matter, which is expected next year. Sweden wants governments to agree conclusions on how the court would work, on the basis that this could be modified according to the European Court of Justice’s advice.