En Munich, 26.09.2019 SUBJECT: President's Activities Report SUBMITTED BY

Total Page:16

File Type:pdf, Size:1020Kb

En Munich, 26.09.2019 SUBJECT: President's Activities Report SUBMITTED BY CA/88/19 Orig.: en Munich, 26.09.2019 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/19 e 2019-7203 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. GOAL 1: BUILD AN ENGAGED, KNOWLEDGEABLE AND COLLABORATIVE ORGANISATION 1 III. GOAL 2: SIMPLIFY AND MODERNISE EPO IT SYSTEMS 6 IV. GOAL 3: DELIVER HIGH-QUALITY PRODUCTS AND SERVICES EFFICIENTLY 10 V. GOAL 4: BUILD A EUROPEAN PATENT SYSTEM AND NETWORK WITH A GLOBAL IMPACT 21 VI. GOAL 5: SECURE LONG-TERM SUSTAINABILITY 37 VII. RECOMMENDATION FOR PUBLICATION 42 CA/88/19 e 2019-7203 I. INTRODUCTION Transparency of the Office's activities is ensured through regular reporting to the Council. The present report outlines the major developments and most relevant endeavours characterising 2019 so far. In June the Council unanimously approved the Strategic Plan 2023 (SP2023) that encompasses the five strategic goals the Office will pursue to evolve into a sustainable office that delivers excellence. Until now the reporting had a configuration linked to the various business areas and to the relevant departmental subdivisions, focusing more upon the operations of the Office. This report seeks to gradually move towards a report that more closely reflects SP2023, following its structure and describing the achievements in the various goals and key initiatives. This report therefore needs to be understood as a transitional one that will improve alongside the implementation of the programmes and projects of the SP. The Office also intends to propose a better aligned and more comprehensive reporting process. An annual report on the implementation of SP2023 will be submitted to every June meeting of the Administrative Council, together with the other annual reports in annex, such as the Social, Environmental, and Quality reports. In this way a consolidated report on the management of the Office will coincide with the submission of the Opinion of the Board of Auditors on the yearly accounts of the Office. II. GOAL 1: BUILD AN ENGAGED, KNOWLEDGEABLE AND COLLABORATIVE ORGANISATION In SP2023, the EPO has placed a focus on the development of its staff and their performance. After all, the achievements of the EPO's staff have supported the Office's overall success throughout its history. Among the goals of SP2023, the EPO has therefore committed to ensuring it is capable of attracting some of the brightest talents from across Europe and to supporting their ongoing professional development. The successful fulfilment of those goals are closely linked to staff engagement, which underpins not just Goal 1, but also the ability to achieve many of the EPO's other strategic goals. CA/88/19 e 1/42 2019-7203 Like other pivotal projects, such as a reorganised BIT, some initiatives were started before June 2019, to help the EPO address issues that were felt to be particularly pressing. Making immediate progress on staff engagement was seen to be one of those pivotal projects. A Strategic Staff Survey, which sought to accurately measure staff engagement, was therefore carried out in the first half of 2019. Its findings have revealed a number of clearly identifiable action points which will in time either be translated into projects and programmes of SP2023 or carried out as accompanying measures in other projects. The Office-wide staff survey has helped the EPO to focus on the promotion of direct communication to the staff and reinforcement of managerial communication, talent development, and social dialogue. • ATTRACT AND DEVELOP TALENTS As previously reported to the Council, the office has adopted a prudent approach to recruitment taking into account the progress of the Early Certainty programme. As the Office makes progress in absorbing its backlogs, it continuously seeks to improve rebalancing of its staff, in particular examiners and formalities officers. In the frame of the rebalancing exercise, several internal DG 1 job fairs were organised, involving 59 teams across sectors. Examiners interested in a move to another technical field will receive the appropriate support and the possibility to have a test phase before transferring to other team. Any move will be accompanied by reskilling programmes to make sure that the needs of both the staff concerned and the Office are met. These actions were completed by the usual external recruitment process: since the beginning of the year, 81 external candidates were recruited as examiners, 40 have already started in different fields of technology, while 41 other suitable candidates should start in the near future. As part of the initiatives to foster diversity, the Office has launched the mentoring programme, "Women in the Lead" to support talented women in developing their career perspectives and personal development opportunities through structured exchanges with experienced senior managers and directors. The programme started in April 2019 with a pilot for 51 mentees and 26 mentors and will last six months. The full mentoring programme will be rolled-out in the coming months. CA/88/19 e 2/42 2019-7203 Building upon the success of the part-time working scheme, and as part of the Office's efforts to support flexible working arrangements and a work-life balance, the ad hoc teleworking pilot was launched in April this year. Up until this point, 44% of eligible employees have signed the agreement and 111 employees have already teleworked and so far 400 days of telework were requested. A qualitative analysis to measure the satisfaction of both employer and employees is on-going in order to adjust the scheme before its extension to all staff. • PRAKTIKA EXTERN PROGRAM The Praktika Extern Program has been an excellent learning opportunity for examiners, IP attorneys and Industry in developing an enhanced understanding of their respective needs. The successful implementation of the Praktika Extern program enabled 86 examiners to work directly within a user organisation for a period of up to three weeks. 393 examiners participated in the programme between 2010 and 2018. Evaluation and feedback received also helps the EPO to focus on continual improvement of procedures and workflows. In 2019 the program has been expanded to include 30 formalities officers. 200 Praktika Extern examiner participation (incl. 2019 applications) 150 150 100 86 55 50 46 39 41 42 36 34 14 0 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 CA/88/19 e 3/42 2019-7203 • MAKING OUR PREMISES MORE FUNCTIONAL The bike parking facility at the Isar building is now operational. In line with the EPO's health policy, it will encourage staff to use an environmentally-friendly form of transport. Construction work on the PH7 data centre for disaster recovery has been finalised. It fully complies with the established data centre standards (EN 50600 class 3). In February 2019, the BFC approved the request to increase the facility capacity for the BoA located in Haar. The extra meeting space and additional, fully- refurbished offices were handed over to the BoA in two stages in April and October 2019. As of the beginning of September, staff members can also use their access badge for the canteen, cafeteria and coffee purchases at all sites, and for printing documents. New recharge machines have also been installed outside the canteens, for crediting access badges. The asbestos removal in Old Main in The Hague is progressing as planned and constructive demolition is scheduled to start in January 2020. Regular onsite checks confirm that the removal and demolition preparation activities fully take into account staff health and safety. The new Corporate Contract Process (CCP) was implemented successfully in 2019 for several major contracts across sites. This new methodology, focusing on quality control throughout the entire process, gives the EPO a suitable level of control over activities, and also when outsourced. • DIRECT AND TRANSPARENT COMMUNICATION WITH THE STAFF AND FOLLOW-UP OF THE STAFF SURVEY A wide-range of initiatives are ongoing to improve direct communications with staff. These include more systematic communications via videos, in addition to communiqués, dedicated intranet pages on important topics and events, such as SP2023, follow-up of the staff survey, quality, social dialogue, and financial study. Specific efforts are also focused on managerial communication. CA/88/19 e 4/42 2019-7203 Through new discovery sessions, team managers and directors are able to interact directly on strategic and operational issues directly with the President and Vice-Presidents. Since June 2019, around 200 managers have participated in the discovery sessions. This programme will continue throughout the implementation of the Strategic Plan. Following the publication to all staff of the staff survey results, the results were debated at each managerial level, from units to DG. These discussions allowed the Office to build a comprehensive action addressing areas of improvement, such as managerial communication, working effectiveness, quality and external reputation, and talent development. • DIALOGUE WITH SOCIAL PARTNERS A wide-range of topics are currently under discussion in several meetings of working groups at the technical level, covering the performance management system, the resources and communication means for Staff Representatives, the actuarial funding valuation and remuneration and social security, healthcare and guide to cover. These meetings have paved the way for the Office to submit written proposals to Staff Representatives on these issues before the end of year. In addition, discussions have been held on the next salary adjustment. The analysis of the impact of the current formula and proposals for the future have been addressed, with a view to making concrete proposals to the June 2020 Administrative Council. In the framework of the "Diversity and Inclusion" programme, a working group involving staff representatives has been established. New rounds of discussions with the unions have been held. In the frame of these discussions, the Office has made an offer to integrate SUEPO offices into the EPO's premises.
Recommended publications
  • How to Get a European Patent
    European Patent Guide How to get a European patent 19th edition Updated to 1 April 2019 Contents Chapter 1 – Foreword .................................................................................. 7 Chapter 2 – General ..................................................................................... 9 2.1 Introduction ................................................................................................................... 9 2.2 Nature and purpose of the European Patent Convention ....................................... 10 2.3 Relationship to other international conventions ..................................................... 11 2.4 Choosing a route: national, European or international........................................... 12 Legal factors ...................................................................................................... 12 Economic factors ............................................................................................... 13 2.5 Extending/validating European patents to/in non-contracting states ................... 14 Chapter 3 – Patentability ........................................................................... 16 3.1 Introduction ................................................................................................................. 16 3.2 Invention ...................................................................................................................... 16 3.3 Novelty ........................................................................................................................
    [Show full text]
  • Guidelines for Examination in the European Patent Office
    GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European
    [Show full text]
  • President's Activities Report SUBMITTED BY
    CA/88/18 Orig.: en Munich, 21.09.2018 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/88/18 e 2018-4859 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. PERFORMANCE OF THE PATENT GRANTING PROCESS 2 A. WORKLOAD AND PRODUCTION 2 B. QUALITY 7 a) Quality action plans 8 b) Quality Management System 8 c) Asian documentation 9 d) Cooperative Patent Classification (CPC) 10 e) Harmonisation efforts in relation to ICT 12 f) Harmonisation in the HBC sector: biotechnology and pharmaceutical patents 14 g) Procedures and Guidelines 14 C. RELATIONS WITH USERS 15 a) User support 15 b) User feedback 16 c) Communication with applicants 17 III. SOCIAL DIALOGUE 18 IV. IT AND AUTOMATION PROJECTS 19 A. ITR – DELIVERIES FOR THE PGP AND KMS 19 a) Delivering the digital transformation agenda 20 b) Improvements to existing tools 21 c) Other tool adaptations 21 B. DELIVERIES FOR OTHER AREAS 22 a) Corporate area 22 b) Infrastructure/data centres 23 C. LAUNCH OF AN IT AUDIT 23 V. BUILDINGS 23 A. NEW MAIN THE HAGUE 23 B. OTHER BUILDING PROJECTS 25 a) Status review of EPO premises – overview 25 CA/88/18 e 2018-4859 - II - VI. EPN 33 A. CO-OPERATION WITH MEMBER STATES 33 B. EUROPEAN PATENT ACADEMY 34 a) Institutional Strengthening 34 b) Judicial Training 34 c) Professional Representatives 34 d) Academia 35 e) E-learning 35 C. CO-OPERATION WITH THE EUIPO 35 D. REPRESENTATION BEFORE THE EPO 36 E. EUROPEAN PATENT REGISTER 36 F.
    [Show full text]
  • Rules Relating to Unitary Patent Protection - Revised Version
    SC/10/14 Orig.: en Munich, 06.06.2014 SUBJECT: Rules relating to unitary patent protection - revised version SUBMITTED BY: President of the European Patent Office ADDRESSEES: Select Committee of the Administrative Council (for decision) SUMMARY Implementation at the European Patent Office of Regulations (EU) No 1257/2012 and No 1260/2012. This document follows document SC/3/14 dated 7 March 2014 and takes into account the comments and suggestions made at the 7th meeting of the Select Committee of 26 March 2014. It contains a revised and clean version of the Rules relating to Unitary Patent Protection. The amendments to SC/3/14 are indicated by grey hatching in Annex 1. The grey hatchings in Rules 1 to 6 show the amendments already contained in document SC/3/14 with the exception of Rule 1(2) where a new amendment has been added. The provisions on the compensation scheme (Rules X, Y, Z, W including the explanatory remarks of document SC/35/13 Rev. 1) have been inserted in Part II, as new Chapter II (see new Rules 8 to 11). This document has been issued in electronic form only. SC/10/14 e 141320004 - I - TABLE OF CONTENTS Subject Page PART I INSTITUTIONAL PROVISIONS 2 CHAPTER I SUBJECT MATTER 2 Rule 1 Subject matter 2 CHAPTER II SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL 4 Rule 2 Competences and duties 4 CHAPTER III FUNCTIONS AND POWERS OF THE PRESIDENT OF THE EPO AND SPECIAL DEPARTMENTS OF THE EPO 8 Rule 3 Functions and powers of the President of the European Patent Office 8 Rule 4 Unitary Patent Protection Division 10 PART II PROCEDURES
    [Show full text]
  • Table of Contents
    Information 4/2000 117 Table of contents Editorial .................... 118 Oral proceedings and training therefor at the EPO in practice, by E. Krause (EPO) .... 150 How to satisfy trainingdemands I ± Information concerning epi by the Professional Qualifications Committee of epi, by S. Kaminski (epi)......151 Practical experiences of European Patent Council Meeting Attorneys in industry and private practice, by T. Onn (epi)..................154 Bericht über die 49. Ratssitzung, Rhodos, The oral hearingwithin education and 23. Oktober 2000 ............... 119 professional practice of the German Patent Entwurf der Beschlussliste............ 120 Attorney, by H. Lichti (PAK) ........... 155 Report of the 49th Council meeting, Rhodes, Further developments toward representation 23 October 2000 ................ 121 before courts ± Zehn Gründe für eine Draft List of Decisions.............. 122 Vertretungsbefugnis der Patentanwälte Compte rendu de la 49me rØunion du Conseil, in Europa vor einem künftigen Europäischen Rhodes, 23 octobre 2000 ............ 123 Patentgericht, by U. Dreiss (PAK)......... 158 Projet de Liste des DØcisions. .......... 124 President©s report ................ 125 Report on the 2nd Intergovernmental epi Membership / epi Subscription ...... 163 Conference on Reform of the EPO, by W. Holzer 126 Abschiedsworte an Herrn F. Jenny........ 131 Treasurer©s report ................ 132 Information from the Secretariat Deadline 1/2001................. 171 Committee Reports Queen Mary College Training Course ...... 186 epi Membership chart as of 31.10. 2000..... 187 Report of the EASY Committee, by D. Speiser . 132 epi Disciplinary bodies and Committees ..... 188 Report of the EPO Finances Committee, epi Board.................... U3 by J. Boff .................... 134 Report of the European Patent Praxis Committee (EPPC), II ± Contributions from epi-Members and other by A. Casalonga ................ 135 contributions Report of the epi Finance Committee, by B.
    [Show full text]
  • President's Activities Report SUBMITTED BY
    CA/44/19 Orig.: en Munich, 08.03.2019 SUBJECT: President's activities report SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for information) CA/44/19 e 2018-5940 - I - TABLE OF CONTENTS Subject Page I. INTRODUCTION 1 II. PERFORMANCE OF THE PATENT GRANTING PROCESS 2 A. WORKLOAD AND PRODUCTION 2 a) Search, examination and opposition 7 b) Early Certainty timeliness 8 B. QUALITY 9 a) User satisfaction 10 b) Quality indicators 11 c) Quality action plans 12 d) Quality management system 14 e) Asian documentation 18 f) Cooperative Patent Classification (CPC) 18 g) Patent procedures management documented by QMS 21 h) Streamlining practices and procedures 21 C. RELATIONS WITH USERS 26 a) User support 27 b) User events 27 c) Praktika Extern 2018 28 d) Pan-European Seal Programme 29 e) User feedback 30 f) Communication with applicants 31 III. SOCIAL MATTERS 32 A. SOCIAL DIALOGUE 32 a) Outcomes of discussions with social partners 32 b) Continuous dialogue with staff 33 c) Internal justice system 33 B. RECRUITMENT AND WORKFORCE PLANNING 35 IV. IT AND AUTOMATION PROJECTS 37 A. ITR DELIVERIES FOR THE PGP AND KMS 37 a) Delivering the digital transformation agenda 37 b) Improvements to current tools 38 CA/44/19 e 2018-5940 - II - B. DELIVERIES FOR OTHER AREAS 38 C. IT AUDIT 39 V. BUILDINGS 39 A. NEW MAIN THE HAGUE 39 B. OTHER BUILDING PROJECTS 40 VI. EPN 41 A. CO-OPERATION WITH MEMBER STATES 41 B. EUROPEAN PATENT ACADEMY 42 C. CO-OPERATION WITH EUIPO 43 D. REPRESENTATION BEFORE THE EPO 43 E.
    [Show full text]
  • The European Patent Office As International Authority
    The European Patent Office as International Authority Isabel Auría Lansac Lawyer, PCT Affairs, European Patent Office Madrid, 23 October 2018 Overview ‒ EPO as International Authority . EPO as ISA . Information on search strategies . Provisional opinion in cases of non-unity (POPS) . Collaborative search and examination . EPO as SISA . EPO as IPEA . Second written opinion in PCT Chapter II . Top-up search in PCT Chapter II . Positive IPER: Euro-PCT phase . Focus on quality . Update on fees European Patent Office 2 EPO continues to be the main ISA EPO is No. 1: 79 600 ISRs established by the EPO in 2017 ISRs established in 2017 (%) Origin of Search Copies received by ISA/EP in 2017 (%) EPO 6,2 9,1 0,7 JPO 8,2 RO/EP RO/IB KIPO 34,5 19,1 44,7 28,9 RO/JP SIPO RO/US 10,9 USPTO 18,5 Others 19,9 Others European Patent Office 3 EPO as ISA: our work . Competence − When RO has specified the EPO as ISA − Some exceptions: CN, KR, AU, CA . One standard for all searches at the EPO − Search reports either in EN, FR or DE − Highest quality including Asian prior art . Written Opinion − Thorough non-binding opinion on patentability − Equivalent to the European search opinion (ESOP) European Patent Office 4 EPO as ISA: latest developments . International search fee charged by EPO=ISA reduced to EUR 1 775 in 2018 . Improved timeliness: 97% ISRs in time for A1 publication . New services offered: − PCT Direct service fully operational and available at all ROs − Information on "search strategies" − Provisional Opinion accompanying the Partial Search results in cases of non-unity (POPS) European Patent Office 5 EPO as ISA: Information on "search strategies" .
    [Show full text]
  • CA/78/20 E CA/78/20 Orig.: En Munich, 27.11
    CA/78/20 Orig.: en Munich, 27.11.2020 SUBJECT: Amendment to the Implementing Regulations to the EPC regarding the designation of the inventor ‒ Rules 19 and 143 EPC SUBMITTED BY: President of the European Patent Office ADDRESSEES: 1 Administrative Council (for decision) 2. Committee on Patent Law (for information) SUMMARY Having regard to the recommendation of a common practice as regards the designation of the inventor (CA/PL 6/20), the EPO proposes to adapt its legal framework accordingly, by amending Rules 19 and 143 EPC. In its 52nd meeting on 10 and 11 November 2020 the Committee on Patent Law gave a favourable opinion on the proposed Rule changes (CA/PL 8/20). CA/78/20 e LT 2020-9876 TABLE OF CONTENTS Subject Page PART I 1 I. STRATEGIC/OPERATIONAL 1 II. RECOMMENDATION 1 III. MAJORITY NEEDED 1 IV. CONTEXT 1 V. ARGUMENTS 3 A. NOTIFICATION OF THE INVENTOR 3 B. PUBLICATION OF INVENTOR DATA 6 VI. ENTRY INTO FORCE 10 VII. ALTERNATIVES 11 VIII. FINANCIAL IMPLICATIONS 11 IX. LEGAL BASIS 11 X. DOCUMENTS CITED 11 XI. RECOMMENDATION FOR PUBLICATION 11 PART II 12 CA/78/20 e LT 2020-9876 PART I I. STRATEGIC/OPERATIONAL 1. Operational II. RECOMMENDATION 2. The Administrative Council is requested to decide on the draft decision in part II of this document. III. MAJORITY NEEDED 3. Three quarters. IV. CONTEXT 4. In the framework of the Strategic Plan 2023, as part of the convergence of practice programme, a working group was established to consider options for a common practice concerning the designation of the inventor (CA/PL 14/19).
    [Show full text]
  • European Patent Academy Disclaimer: The
    Disclaimer: The documentation used for this manual was developed in co-operation with EPLAW for the e-learning project “Patent litigation A–Z” in 2015. This is also published on the website of the European Patent Office. The information is not meant to be a comprehensive study or to provide legal advice. The references to European and national law and case law in this manual are presented for training and linguistic purposes and therefore are not meant to be substantive statements concerning patent litigation nor should they be considered the latest jurisprudence. This manual is not made available to the general public. It should be used for learning purposes only. Any views expressed in the chapters are not necessarily those of the EPO. This document may be used and reproduced for non-commercial purposes, provided that the EPO and the authors are acknowledged appropriately. Reproduction for commercial purposes is not permitted. European Patent Academy Introduction The overall aim of the EPO’s cooperation with its member states is to provide the users of the European patent system with relevant and high-quality patent-related services, to strengthen the European Patent Network and to promote the interoperability of the EPO and the stakeholders of the European patent system. To this end, the European Patent Academy, in cooperation with Principal Directorate European and International Cooperation, launched a languages training programme consisting of two projects: general language training and patent terminology training. The patent terminology training programme provides inter alia reference materials for further study of patent-related terminology. Manuals have been developed in co-operation with the three main language institutes (British Council, Institut français, Goethe-Institut) for all stakeholders of the European patent system including the EPO bodies, examiners in national patent offices, and professional representatives.
    [Show full text]
  • Patent Reform Package - Frequently Asked Questions
    EUROPEAN COMMISSION MEMO BrusseJs, 19 February 2013 Patent reform package - Frequently Asked Questions I. Presentation of the unitary patent package 1. What is the 'unitary patent package'? The 'unitary patent package' consists of three elements: · a Regulation creating a European patent with unitary effect (or 'unitary patent); · a Regulation establishing a language regime applicable to the unitary patent; · an international agreement among Member States setting up a single and specialised patent jurisdiction (the 'Unified Patent Court'). The two Regulations implement enhanced cooperation in the area of the creation of unitary patent protection. 25 Member States participate in this enhanced cooperation. All these Member States and Italy which signalled in December 2011 itsîntention to join will conclude the international agreement on the Unified PatentGoürt. 2. What are the advantages of the unitary patent package? The unitary patent package will have four major advantages: · It will create a unitary patent with uniform protection within the territory of the participating 25 Member States; · The unitary patent will be available on a one-stop shop basis at affordable costs, as it will be centrally granted by the European Patent Office and no further validation requirements need to be fulfilled and applications can be filed in any language; · It will create a unified and specialised jurisdiction in patent matters for the participating Member States, and thus avoid an unnecessary duplication of litigation cases before the various courts of the various Member States concerned, and enhance legal certainty; and · It will ensure the dissemination of patent information in all languages of the European Union through high-quality machine translation services which will be available online and free of charge.
    [Show full text]
  • Regulation (EU) No 1257/2012 of the European Parliament and of The
    31.12.2012 EN Official Journal of the European Union L 361/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 1257/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (2) Pursuant to the first paragraph of Article 118 of the EUROPEAN UNION, Treaty on the Functioning of the European Union (TFEU), measures to be taken in the context of the estab­ lishment and functioning of the internal market include the creation of uniform patent protection throughout the Having regard to the Treaty on the Functioning of the European Union and the establishment of centralised Union-wide Union and in particular the first paragraph of Article 118 authorisation, coordination and supervision arrange­ thereof, ments. Having regard to Council Decision 2011/167/EU of 10 March (3) On 10 March 2011, the Council adopted Decision 2011 authorising enhanced cooperation in the area of the 2011/167/EU authorising enhanced cooperation creation of unitary patent protection ( 1 ), between Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Having regard to the proposal from the European Commission, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter ‘participating Member States’) in the area of the creation of unitary patent protection. After transmission of the draft legislative act to the national parliaments, (4) Unitary patent protection will foster scientific and tech­ nological advances and the functioning of the internal market by making access to the patent system easier, Acting in accordance with the ordinary legislative procedure ( 2), less costly and legally secure.
    [Show full text]
  • EU Unitary Patent
    EU Unitary Patent Essentials: The unitary patent UK approach Dutch approach EU Unitary PCT and entry Patent Legal Scope of Priority Patent national phase procedure framework protection What is a French approach German approach patent Patent documentation Justification History SPCs Introduction The creation of unitary patent protection for the territory of the European Community/Union has been under discussion since the end of the 1950s. In the 1970s, the plan was that the Community Patent Convention (CPC) and, at a later stage, its Litigation Protocol would complement the EPC and provide a unitary patent for the whole European Community, together with a common court of appeal. However, despite various attempts, the CPC never entered into force, because it neither simplified nor improved on the European patent system. In 2000, the European Commission reacted to this unsatisfactory situation by presenting a draft proposal for a Regulation on the Community Patent centred on the idea that the EU could accede to the EPC and could thus be designated, as a whole, for the grant of a European patent. Following criticism of the complicated and expensive nature of the previous proposed litigation system and language regime, the Commission this time favoured the three-language regime of the EPC. In the course of subsequent discussions, it became clear that the problems relating to the language regime and litigation system could not be settled. This caused the Council to state, at the end of 2010, that “insurmountable obstacles to unanimity will persist for the foreseeable future”. European Patent Academy Patent litigation. Block 1 | EU Unitary Patent | 1 The way forward from 2011: enhanced co-operation The issue of the language regime proved to be a major turning point for the unitary patent, because it prompted a group of EU member states to formally address to the Commission a request for “enhanced co- operation” according to Article 20 TEU and Articles 326-334 TFEU.
    [Show full text]