The Community patent and the patent system in Europe, with evidence / House of Lords, Select committee on the European Communities.

  • Great Britain. Parliment. House of Lords. Select Committee on the European Communities.
Date:
1998
Catalogue details

Licence: Open Government Licence

Credit: The Community patent and the patent system in Europe, with evidence / House of Lords, Select committee on the European Communities. Source: Wellcome Collection.

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    4 March 1998] [Continued rer ee mee There could be advantages in taking the European patent system as a whole into the Community legal framework, provided that important advantages of the existing legal order, such as being able to secure a bundle of national patents through a single European application, are not lost. Clearly, if the EPC were to be replaced by a Community instrument which could be modified as a result of a qualified majority vote and where modifications so approved would be immediately applicable without ratification by member states, then the system would be able to respond much more flexibly and rapidly to international developments and regional needs. Under any new legal order, the EPO must be empowered to take full control of its own finances and to set renewal fees on European patents, rather than being dependent on a proportion of national renewal fees remitted by Member States (as at present) or on the Community budget authorities—as might be suggested if it were to become a Community body. 30 October 1997 Memorandum by Zeneca RESPONSES TO QUESTIONS Ql. What is the value of patents to the United Kingdom industry? Technology based UK industry, particularly the chemical and bioscience industries, invests heavily in innovative research. Increasingly the UK (and European) industrial base will depend on innovations in new technologies. To provide continuing real growth for UK industries a climate of innovation needs to be encouraged. A strong, effective and efficient patent system fosters and protects such innovations contributing to increased competitiveness versus labour-intensive economies. This in turn stimulates further investment in research and helps UK (and European) industry to maintain a competitive position against the US, Japan and the “Tiger” economies of Asia. Without adequate protection investment in innovative research in the UK would deteriorate. Patents disseminate technical information and act as a springboard for further innovation for UK (and competitive) industry. Q2. What purposes do the present patent systems in Europe serve for the United Kingdom? There is little doubt that since its implementation users have generally been satisfied that the EPC has rationalised, harmonised and improved the quality of granted patents in European countries. The EPC provides a system for granting patents which is well used, familiar and which generally is preferred to the alternative national systems. If required, the current combination of the EPC and the national patent systems should continue to provide the necessary degree of protection into the future and promote continued innovation and industrial growth within a successful, modern European economy. The quasi-harmonization of national laws and the EPC encourage UK industry to seek protection throughout more of the Single Market. However, the major disadvantage of using the EPC as a means to obtain granted patents is that, even after the fee reductions implemented in July this year, it is still too expensive and this prevents Single Market coverage. Furthermore, the costs associated with filing translations of the full specification for national phase entry are unnecessarily burdensome. It is important that the National Patent Offices are retained and remain viable as an option for applicants requiring protection in only one or a few Community countries. National patent Offices could also provide valuable services as receiving and search offices for Community patent applications. Q3. What would be the main advantages and disadvantages of patent protection covering the whole Community ? Advantages of a Community Patent: — reduction in the level of costs, particularly by abolishing designation fees and significantly reducing renewal fees when compared with national renewal fees. The target should be to achieve a level of costs similar to those incurred in obtaining and maintaining a US patent; — _ provision of wide geographic cover at reasonable cost; — removal of a major source of problems with exhaustion of rights; — removal of one source of partitioning of the Market; — better legal certainty provided the definition of infringement is clear, and infringement and validity actions are heard together, courts are of a high standard with specialist judges and operate under common rules and procedures.
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