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European Patent Office in favour of strong patent system in Europe

Brussels/Munich, 13 July 2006 -- The European Patent Office strongly supports the EU Commission's initiative to revive the debate on the patent system in Europe. At the Commission's public hearing on future patent policy in Europe, EPO-President Professor Alain Pompidou pointed out that the consultation process had brought new momentum to the endeavour of reforming the patent system. The system should not only support the larger applicants, but also dynamic smaller companies. 

"We owe all innovative businesses in Europe a strong patent system", said Mr Pompidou. "The future of Europe's economy lies in an economy based on the knowledge, ingenuity and creativity of our peoples. Patents play a key role in that concept. The key features of such a system are the quality of the patents granted, its affordability for the users and the legal certainty conferred by a central litigation system. Progress in these issues could also pave the way for the Community patent, which will be an essential complement to the existing European patent."

 SMEs as key target group

 The President pointed out that while the bulk of European patent applications are filed by large corporations, the majority of applicants are small companies: "Of the 34 200 applicants in 2005, nine out of ten filed between one and five patent applications. Most of these applicants were small and medium-sized companies. Their applications related mainly to general fields of technology, such as electronics, automation, human necessities, chemistry or optics. Only 11% of applications were related to the ICT sector where computer-implemented inventions occur".

 Internal quality management system

 Regarding the quality of patents, the President explained that the Office had introduced a comprehensive quality management system covering both the patent granting process and the patents granted: "Our quality management system also involves internal auditing of granted patents. This provides efficient control of the work done by our patent examiners. Moreover, the EPO has proposed to its member states that a Europe-wide quality system be established for patents and patent-related services".

 The London Protocol

With a view to reducing costs Mr Pompidou referred to the effects of the London Protocol which aims to reduce the present translation requirement for European patents in the member states. It can enter into force when eight states have ratified, including Germany, France and the UK. "To date, ten states, including Germany and the UK, have adopted the agreement in parliament, and seven have already deposited their instruments of ratification", said the President. "I am confident that the French government will take the necessary steps to ratify soon, too". The agreement would lead to a significant reduction in translation costs of up to 45% or some EUR 3 000 per application, resulting in major savings for European industry.

The EPLA

The EPLA's aim is to replace the current system of parallel litigation on the same European patent by proceedings before a single European Patent Court. According to Mr Pompidou, "We must put an end to the present system which consists of litigation on a country-by-country basis for the 750 000 patents granted by the EPO. That system is marked by high costs and legal uncertainty and, due to diverging decisions and long delays, distorts the game for all players. The EPLA must be submitted to an intergovernmental conference for adoption as soon as possible".

For more information please contact:

European Patent Office
Media Relations Department

Rainer Osterwalder
Phone: +49 89 2399-1821
rosterwalder@epo.org

Sabine Lunau
Phone: +31 70 340-4822
slunau@epo.org