Press release
04 December 2009
Ministry for Foreign Affairs
Breakthrough for EU patent during the Swedish Presidency
It will be cheaper and easier for inventors and companies to protect their innovations in the EU. The EU Member States agreed today on the main elements of the EU patent and a single European Patent Court. The agreement represents a significant step towards a final solution for the EU patent.
On 4 December, the Competitiveness Council - under the leadership of Minister for Trade Ewa Björling - reached a unanimous agreement on the general focus of the European patent regulation and Council conclusions on a common European Patent Court. This is a political breakthrough in these negotiations, which have been going on for a long time now, and is a significant step towards a final agreement. The next step will be for the European Parliament to take a position on the proposal. The European Court of Justice will also need to state its opinion on the new European Patent Court.
"I am very pleased that we have finally seen a political breakthrough in these difficult negotiations that have gone on for so long. I am proud that the Council has now sent a clear and unambiguous signal to Europe's innovative companies that have long been calling for an improved patent system. The EU patent will make it much easier and cheaper to protect innovations in the EU. This will give European industry better opportunities to compete on the global market," says Minister for Trade Ewa Björling.
The general focus of the European patent regulation will now make it possible for the European Parliament to begin looking at the proposal. An EU patent will mean that people can apply for a patent to be valid in the entire EU - a market of some 500 million people. The EU patent will be cost-effective and remedy the current situation where it is much more expensive to get patent protection in the EU than in our competing markets. Protection in 13 Member States currently costs 11 times more than a patent in the United States. It is established in the Council conclusions that the annual fees are to be set at a level that promotes innovation and the competitiveness of European industry. In addition, limited translation requirements will mean considerable cost savings for the European business sector. The translation issue will be resolved in a special regulation.
The Council conclusions also contain the main elements of a single European Patent Court that will try cases on both the EU patent and existing European patents. This will bring about a considerable improvement compared to the current fragmented system where patent processes have to be conducted in each individual Member State, despite the fact that they are for the same invention. The current parallel processes also mean an increase in costs of approximately SEK 5 million in a typical case. The establishment of a single court could mean annual savings of up to SEK 3 billion for European companies. Earlier this year, the Council requested an opinion from the European Court of Justice on the new European Patent Court. The European Court of Justice has not delivered an opinion yet, and today's agreement sets out conditions for the coming opinion.
"Establishing an EU patent and a single European Patent Court is the single most important measure for promoting innovation in Europe. In view of the major simplifications and cost savings, this is, of course, also particularly important for small and medium-sized enterprises," says Minister for Justice Beatrice Ask.
