WRITTEN QUESTION E-2836/02

by Jorge Hernández Mollar (PPE-DE) to the Commission

(9 October 2002)

Subject: The situation regarding the new EU regulation on patents

The Spanish saying inventing things will only end up in tears is becoming a reality for those EU citizens who have embarked on any technological or other type of invention.

Confident in the knowledge that the Commission undoubtedly shares the view that EU inventors can no longer be abandoned to their fate without assistance or significant external help, it would seem logical to investigate the current situation as regards the Commission's proposals on enabling EU inventors to emerge from the obscurity to which they have been consigned through EU negligence and legislative inertia.

EU inventors are struggling to promote the EU's level of competitiveness in technology and other areas, and we should support them in our common cause so as to promote our global competitiveness. When will the Commission be able to implement a realistic and effective policy of support, and thus reverse the current situation whereby, in comparison with the Community's main competitors, EU inventors are abandoned and ignored?

Answer given by Mr Bolkestein on behalf of the Commission

(5 November 2002)

The Honourable Member touches upon a very important issue. Whatever other measures might be put in place to assist Union inventors, their situation will not be fully satisfactory until a true Community patent is put in place. An affordable patent valid throughout the Community, which is simple to obtain and which offers a high level of legal certainty, would also without doubt improve the competitiveness of European industry.

It is therefore highly regrettable that, more than two years after the Commission presented its proposal for a Regulation on the Community patent (1 August 2000), the discussions in the Council have still not even resulted in a common approach on the main features of the Community patent. The Commission has worked unceasingly to facilitate the discussions within the Council, most recently by presenting a working document on the planned Community patent jurisdiction (30 August 2002). It is now for the Competitiveness Council of November 2002 to decide its position on the main issues involved, so that the more detailed work on the setting up of the Community patent can continue. It should be recalled that according to the Commission's approach, not only will the Council have to adopt the Regulation on the Community patent, but also the European Patent Convention will have to be revised to accommodate the Community patent, and a Community jurisdiction for handling private party litigation concerning the validity and infringement of the Community patent will have to be set up.

In addition, several on-going activities are designed to provide operational support to European inventors and innovators, including the IPR-Helpdesk service(1) and the Gate2Growth initiative(2). Moreover, within the Community's 6th Framework Programme for Research and Development, the new rules applicable to Community-funded projects have been developed in order to better promote the management of knowledge and innovation, with corresponding financial support.

(1) http://www.ipr-helpdesk.org.

(2) http://www.gate2growth.com.