Moves to develop a single patent system for the EU began back in 2003, but progress has been hampered mainly by language issues. In December 2010, 12 EU Member States made a request to launch the ‘enhanced cooperation’ procedure, after it was concluded that not all the members could agree on an EU-wide patent system. All the other Member States except Italy and Spain have since indicated they will sign up to the procedure, and Italy and Spain can still join in at any time if they wish.

The plan on the table is to create a common patent regime based on three languages – English, French and German. However these plans have enraged Italy, which wants an English-only patent system, and Spain, which says the plan discriminates against Spanish companies. The proposal also foresees the establishment of a European Patent Court to deal with possible cross-border disputes and spare plaintiffs from having to file separate lawsuits in every Member State where a patent is registered, as is the case now.

What’s next?

EU ministers are expected to formally adopt the decision authorising the ‘enhanced cooperation’ procedure at the meeting of the Competitiveness Council on 9–10 March 2011.

The European Commission will then formally submit two legislative proposals, one establishing the single patent and the other on the language regime. These proposals are expected to reach the European Parliament in May 2011 for a first reading.

Currently, national patents can coexist alongside a European patent but the system is complex and expensive. European companies often spend 10 times more on patents than their American and Japanese rivals.

A single patent system, abolishing differences between Member States over patent rights, would make it easier and cheaper for inventors to protect their patents throughout the EU, help tackle infringements and create a level playing field for Europe’s innovative businesses.

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