ADMINISTRATIVE COUNCIL
Reports on meetings of the Administrative Council
Report on the 110th meeting of the Administrative Council of the European Patent Organisation (26 to 29 June 2007)
The Administrative Council of the European Patent Organisation held its 110th meeting in Munich from 26 to 29 June 2007, with Roland GROSSENBACHER (CH) presiding.
With the term of Alain POMPIDOU (FR) as President of the European Patent Office ending on 30 June 2007, and his successor, Alison BRIMELOW (GB) about to start a three-year term running from 1 July 2007 and ending on 30 June 2010, a presidential handover ceremony was held to coincide with the meeting. The Council also took leave of Pantelis KYRIAKIDES (CY/GB), Vice-President DG 2 – likewise leaving the Office on 30 June 2007 – and welcomed his successor, Peter VERMEIJ (NL).
The Council noted the activities report from its Chairman and that from the President for the first half of 2007. It then appointed David H. REES (GB) as chairman of a technical board of appeal and technical member of the Enlarged Board of Appeal with effect from 1 January 2008.
Under legal and international affairs, the Council was informed that Norway would become the 33rd member state of the European Patent Organisation on 1 January 2008.
It then noted the oral progress report on the Community patent given by the German delegation, representing the country holding the EU presidency in the first half of 2007, and the action plan set out by the Portuguese delegation, representing the country which would be doing so for the second half of the year.
During the Council meeting, a Working Party on Litigation meeting also took place. The Council was briefed on its outcome, and noted that the working party would be meeting again on 12 December 2007, during the Council's 112th meeting, to decide in particular whether it should examine the further issues which might arise at EU level in connection with the European system for settling patent litigation.
Turning to trilateral co-operation, the Council unanimously approved a draft mandate setting out the positions to be defended by the President, as the representative of the Organisation and its member states, in forthcoming discussions with the EPO's two partners, the JPO and USPTO.
On international harmonisation of patent law (SPLT), a large majority of delegations endorsed the different points laid down as "bottom lines" for final negotiations with the United States, and committed themselves to defending that position in the forthcoming WIPO and Group B+ discussions.
Under PCT issues, the Council approved a declaration supporting the model partnership agreement between WIPO and the EPO proposed by WIPO's International Bureau and noting that, although there was no explicit reference to this in the agreement, each ISA could outsource PCT work, albeit without prejudice to the question of the legal feasibility of outsourcing under the EPC.
Underlining the great importance of relations with China, the Council unanimously approved a strategic partnership agreement between the SIPO and the EPO.
It also authorised the President to enter into negotiations with the Maltese and Monegasque delegations to draft working agreements, modelled on those revised recently for the five former IIB member states, under which the EPO would draw up extended search reports on their national applications.
Under technical information and co-operation, the Council heard an oral report from the Chairman of the Working Party on Technical Information, Lars BJÖRKLUND (SE), on its last meeting, approved a new set of charges for EPOQUE-BNS access by EPO member states, and agreed to a reformulated patent information policy.
It also approved new co-operation programmes with the member states.
Further to the strategy debate, concluded in June 2006 by the decision setting up a European Patent Network (EPN) based on five pillars (utilisation, quality, user support, co-operation and study of future workload), the Council noted progress reports on the utilisation pilot project (UPP) and on the work of the Working Party on a European Quality System. It elected Karel ČADA (CZ) to succeed Alison BRIMELOW as head of this working party.
The Council instructed the Office to stop accepting requests for standard and special searches as from 1 September 2007, at which point it was to announce on its website its discontinuation of this work, and indicate which offices would be taking over.
The Council also took a number of important decisions affecting EPO staff. It approved an "enlarged static job description" for the Vice-President DG 3, and implementation of a general health policy at the EPO.
It also decided to abolish, with effect from 1 January 2009, the member states' obligation to refund the Office in respect of the tax adjustment received by retired EPO staff, and to do away with this adjustment for any staff joining the Office on or after 1 January 2009.
Lastly, under financial and budgetary matters, the Council noted the oral report given by the Chairwoman of the Budget and Finance Committee, Ludovica AGRO (IT), on its last meeting, and approved the basic assumptions for the business plan, the 2008 budget and the estimates for the period 2009-2012.