Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91998E3505

**WRITTEN QUESTION No. 3505/98 by Amedeo AMADEO Protection of inventions by utility model** 
  
*Official Journal C 320 , 06/11/1999 P. 0052*

  

WRITTEN QUESTION E-3505/98

by Amedeo Amadeo (NI) to the Commission

(25 November 1998)

Subject: Protection of inventions by utility model

With reference to the proposal for a European Parliament and Council Directive approximating the legal arrangements for the protection of inventions by utility model (COM(97) 691 final - 97/0356 COD)(1) and to the limited scope of the definition of utility model in Article 1 thereof, can the Commission ensure that if the current wording of that article is retained, the concepts of "inventive step" and new inventions "susceptible to industrial application" appear directly in the definition, these being the genuinely operative ones, as the Commission acknowledges in Article 3 of the proposal?

Answer by Mr Monti on behalf of the Commission

(14 January 1999)

The proposal for a European Parliament and Council Directive approximating the legal arrangements for the protection of inventions by utility model, submitted by the Commission on 12 December 1997, is currently being considered by the Council and Parliament as part of the co-decision procedure.

The concerns voiced by the honourable Member regarding the concepts of "inventive step" and "new inventions susceptible to industrial application" in fact refer to essential points of the proposal for a directive.

However, since Parliament has not yet finished considering the proposal, the Commission feels that it is too early at the moment to state an opinion on the honourable Member's concerns. The Commission therefore suggests that he direct any proposals relating to the current discussion to Parliament.

(1) OJ C 36, 3.2.1998, p. 13.

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