EU Patent Policy: The Costs of Greater Efficiency?
20 Jul 2006
During a July 12 European Union (EU) hearing on patent policy, several contentious issues arising from the European Patent Litigation Agreement (EPLA) were the subject of debate. The European Commission (EC) has expressed support for the EPLA’s ability to maximize the efficiency of the European patent system. Among other provisions, the EPLA would place the new centralized European Patent Court under control of the European Patent Office (EPO) and replace a country-by-country litigation process with a pan-European one.
The main concerns expressed during the July 12 patent hearing involve software and business method patents. There also is an issue of differences in the procedures and standards for applying for a patent in different countries of the EU. The Foundation for Free Information Infrastructure found that the EPLA substantially would increase litigation costs, disproportionately affecting small-to-medium enterprises (SMEs) when they seek to enforce a patent or defend themselves against an accusation of patent infringement. During a consultation with SMEs, the EC reportedly dismissed their expressed opinions, claiming that the SMEs lacked sufficient understanding of the European patent system.
Sources:
ag-IP-news. July 20, 2006
EU Patent Policy Criticized at the Public Hearing.
Computer Business Review Online. July 13, 2006
EU patent policy hearing.
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