[Ecommerce] EU Community Patent Policy Advancing?

[Seth Johnson]

(Many observe that this is a backdoor way to eliminating the
present ban on software patents in Europe.  -- Seth)

> http://www.infoworld.com/article/06/05/03/78036_HNeupatentagreement_1.html?source=NLC-BUS2006-05-03


EU moves ahead on patent agreement

Legislation would pave the way for a single patent court for the
whole of the union


By Paul Meller, IDG News Service

May 03, 2006


The European Commission hinted Wednesday that some progress has
been made toward forging a European Union patent agreement -- a
wish by politicians across the Continent for more than three
decades.


Gunter Verheugen, vice president of the Commission, told
journalists he was "slightly more optimistic" about breaking the
deadlock that has thwarted efforts for an agreement.

At the beginning of this year the Commission said it was making
one final effort to push through legislation that would pave the
way for one single patent system, with one litigation procedure
involving a single patent court for the whole of the union.

The last attempt was made in 2000 but member states squabbled
over what languages the E.U. patent should be translated into and
there has been gridlock ever since.

In October 2000 some countries proposed an interim solution,
dubbed the London Agreement, to break the deadlock over
languages.

The agreement would excuse countries with English, German or
French as their official languages from having to translate
patents at all. Other countries would have to issue their patents
in the local language, plus one of the three official languages
of the European Patent Office (EPO).

France is the only country to have signed up to the London
Agreement so far. Alain Pompidou, president of the EPO, who was
attending the press conference with Verheugen, urged politicians
to hurry up and ratify the London Agreement.

"The London Agreement shows the way for the Community Patent,
which we all want to see," Pompidou said.

In January the Commission opened a three-month consultation
period, seeking views from industry and the worlds of science and
academia. The consultation finished at the end of last month and
the Commission is examining the written responses it received. It
will host a hearing in July to discuss the issues raised in the
consultation.

Verheugen said no date has been fixed for the ratification of the
London Agreement yet. Despite expressing some optimism that it
will happen he also warned that some countries in the union are
contemplating breaking off from any multinational efforts.

"Some countries want to roll back the responsibilities of the
European Patent Office to national level," he said, adding that
he is "concerned" to hear some countries consider such an idea.

"Business needs more Europe in this regard, not less," he said.

The EPO receives around 160,000 applications and awards patents
to around 60,000 inventions each year. According to Pompidou,
around half of the applicants come from outside Europe. Companies
based in the U.S. apply for more patents than companies from any
other country, followed by Germany, Pompidou said.