The IFIA activity for the EU Patent
What is the EU Patent?
The EU patent or European Union patent, formerly known as the Community patent, European Community Patent, or EC patent and sometimes abbreviated as COMPAT, is a patent law measure being debated within the European Union, which would allow individuals and companies to obtain a unitary patent throughout the European Union.
Work on a Community patent started in the 1970s, but the resulting Community Patent Convention (CPC) was a failure.
The "Luxembourg Conference on the Community Patent" took place indeed in 1975 and the Convention for the European Patent for the common market, or (Luxembourg) Community Patent Convention (CPC), was signed at Luxembourg on December 15, 1975, by the 9 member states of the European Economic Community at that time. However the CPC never entered into force. It was not ratified by enough countries.
The EU patent should not be confused with European patents which are granted under the European Patent Convention. European patents, once granted, become a bundle of nationally enforceable patents, in the designated states. This can be expensive for both patentees and third parties in that enforcement must be carried out through national courts in individual countries, and revocation cannot be accomplished centrally once the nine-month opposition period has expired. The EU patent is intended to solve these problems, and also to provide a patent right that is consistent across Europe, thus fulfilling one of the key principles of the Internal Market in that the same market conditions should exist wherever in Europe trade is carried out - different patent rights in different countries presents a distortion of this principle.
In view of the difficulties in reaching an agreement on the community patent, other legal agreements have been proposed outside the European Union legal framework to reduce the cost of translation (of patents when granted) and litigation, namely the London Agreement, which entered into force on May 1, 2008—and which has reduced the number of countries requiring translation of European patents granted nowadays under the European Patent Convention, and the corresponding costs to obtain a European patent— and the European Patent Litigation Agreement (EPLA), which is as of 2010 only a proposal.
More > > > here
The IFIA activity and EU Patent actions in 2007
Communication from the Commission to the European Parliament and the Council "Enhancing the patent system in Europe" (Brussels, April 3, 2007): "The Commission of the European Communities is of the opinion that the creation of a single Community patent continues to be a key objective for Europe " > > > full text of the Communication
The IFIA activity and the EU Patent actions in 2010
“Proposal for a Council Regulation on the translation arrangements for the European Union patent” on July 2nd, 2010. > > > here. An Impact assessment about this proposal by the EU Commission > > > here
COUNCIL DECISION authorising enhanced cooperation in the area of the creation of unitary patent protection > > > Document (dated on 14 December 2010)
The IFIA activity and the EU Patent actions in 2011
Until 14 March 2011 25 EU member states had been adopted the EU Patent. Two countries (Spain and Italy) had no adopted.
NEW! The authorisation of the EU Patent System will be under the Hungarian EU presidency in May. The start of EU Patent System will be in 2014!