Latest News

Regulatory News: EU Patent System: Under Construction?

19th December 2011

Plans for an EU Unitary patent moved one step further this month when the Legal Affairs Committee and Council presidency negotiators reached agreement of a proposed ‘European patent package’ in a response to make it easier to regulate patents in the EU. 

The package will reduce costs of patenting by up to 80% and clear up the confusion caused by national laws that do not necessarily rule in harmony.  Presently the cost of receiving a patent in 13 EU member states is 11 times more expensive than a US patent.  Also, as it stands the patent application in the EU must be validated in all the individual national patent offices. 

The deal would mean that small companies could more easily afford patents and that a single court for EU patents would be created.   Some also believe the single court would help to avoid the confusion that is presently found from patents in different countries across the EU. 

Agreement was also made that German, English and French would be the languages of applications although they could be submitted in another language with translation being compensated.

Patents in the pharmaceutical industry are beneficial for both the industry and for patients.  Creating a new drug and getting it onto the market is a timely and expensive venture.  Whilst it seems that patent protection is harnessing money for the big players in the pharmaceutical industry in order to make a profit; the reality is that a lot of this money pays for the research and development of the next drug.  Patents are essential to ensuring innovation continues as drug companies struggle to finance research and development. 

Great progress had been made towards making this package a reality.   The deal now needs to be agreed by both the parliament and the 25 EU member states involved for it to be on the agenda for the first session of EU parliament in 2012 and be in force by 2014.

Reviewed by Mike May, Regulatory Affairs Executive