Progress on software patent, not on community patent 

After examining the proposed jurisdictional arrangement for the community patent, the Ministers concluded further work on the issue was necessary and added it to the Council agenda of 26 November. This topic is one of the last outstanding issues in adopting a Council Regulation aimed at creating an EU patent, whereby a single patent would be valid throughout the EU.

Prior to the meeting, UNICE wrote the ministers that political compromises has already placed the current package far away from the instrument that business needs "if it wants to compete with its main trading counterparts. Further erosion is unacceptable to industry and a decision has now to be made on what to do with this dossier. As its name indicates, this new Council formation has a duty to give a clear signal as to where it goes on this dossier".

The Ministers did manage to reach broad agreement on the draft Directive on patents regarding computer-implemented inventions. Considering a reservation by the Commission and the pending opinion by the Parliament (expected 10 March 2003), further work will be taken forward once these issues are cleared.