On 10 April, the EP plenary adopted, some non-binding amendments, the Legal Affairs Committee’s report creating an EU wide patent, favouring the 5 language approach.
The EP plenary has adopted the Legal Affairs Committee's report creating an EU wide patent, with the following amendments, suggested by the Parliamentary committee:
- 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.
A Council meeting in May is expected to reach the unanimous agreement required to adopt the draft Regulation.