The EP’s Legal Affairs Committee will recommend the Parliament on 9 April to approve the Commission’s proposal for a Regulation to create an EU wide patent, with amendments.
The European Parliament's Legal Affairs Committee considers an EU wide patent essential for "eliminating distortions of competition caused by national protection rights and enabling businesses to put their production and distribution strategies on a 'European' footing". It therefore recommends the plenary should adopt the draft Regulation for an EU wide patent with the following amendments:
- The language regime should be the same as for the EU trademark regulation, under which applications may be submitted in any of the EU's official languages. Applicants must also choose a second 'procedural language' for the handling of their application from a set choice of five (English, French, German, Italian and Spanish). If an application is filed in a language other than the above five, the Office would arrange for it to be translated into the procedural language.
- First instance jurisdiction should be established at national level, recognising national courts as 'EU Patent Courts'. Rulings at second instance should be adopted by the European Chamber for Intellectual Property.
- The Commission and the Council should ensure that national patent offices continue to play an important role in the processing of the EU wide patent.
- A system of quality control should be put in place under the authority of the European Commission in collaboration with the European Patent Office.