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EPO Press release 5/00 - Opening of the Diplomatic Conference to revise the EPC
Wide-ranging reform of the European patent system
Munich, 20 November 2000 -- Today sees the opening by the 20 member states of the European Patent Organisation of the Diplomatic Conference to revise the European Patent Convention (EPC). Signed in Munich on 5 October 1973, the Convention forms the legal basis for the European Patent Organisation and its executive organ, the European Patent Office. The Revision Conference will be the focal point for a wide-ranging reform of the European patent system aimed, amongst other things, at reducing patenting costs, setting up a European court system and, at EU member state level, establishing the Community patent.
The European Patent Organisation was given the mandate to hold this conference by the Intergovernmental Conference of its member states which took place in Paris in June 1999. At the second intergovernmental conference, held in London in October this year, the same member states took a number of significant steps towards reducing translation costs and introducing a common court system for European patent litigation.
Against a backdrop of ever-increasing global commerce and technological competition, the central objective of the proposed revision will be to enable the flexible adaptation of the EPC to the legal conditions pertaining throughout a politically and economically integrated Europe. The delegates from the EPO member states will have to decide on a raft of just under 100 proposed amendments to the provisions of the Convention, all of which are aimed at bringing about a carefully considered modernisation of the EPC, whilst at the same time safeguarding the standards of quality for which the system is known. The proposals take account of suggestions from users of the European patent system, as well as of the needs of the Organisation and the European Patent Office itself.
The proposals for revision relate to many different aspects of the EPC, from institutional provisions and substantive patent law through to proceedings before the EPO and its boards of appeal, and including the post-grant phase. It is also proposed to make a conference of ministers of the contracting states a permanent institution under the EPC, in order to give the European patent system a stronger political context as far as the EPO's member states are concerned. Moreover, the Administrative Council of the EPO is to be given the power to adapt the Convention to international treaties and Community law without having to hold a revision conference. An important proposal in terms of the intended streamlining of the procedure for granting European patents foresees the bringing together of search and substantive examination. A further item on the Conference agenda is patent protection for computer programs, a subject of some controversy among the general public.
A number of issues which are of particular relevance to the patent system but which have not yet been debated in full are not on the conference agenda this time, including patent protection for biotechnological inventions. In view of the existing EU Biotechnology Directive and the fact that the EPC contains identical provisions, there is currently no urgent need for action on this matter. Nor will the conference be discussing changes to the EPC arising from the future Community patent. Both these issues will, however, be subjected to further examination once the present reform has been concluded, and may be submitted to a subsequent revision conference.