EU patent: translation arrangements

Meeting in public, the Council held a policy debate on a draft regulation aimed at establishing translation arrangements for a future EU patent system.

The Belgian Presidency put forward a compromise proposal which aims to take into account the different concerns expressed by EU delegations during previous discussions.

At the end of the debate, the Presidency made the following statement:

"We have come a long way since these negotiations began. Most delegations have shown greater flexibility than ever before, because the Council understands the importance of securing an EU patent system, especially in the current economic situation, where we have to stimulate innovation and employment. I would like to express my sincere gratitude to all those delegations who have made efforts and shown flexibility to bring us this far. We have left no stone unturned. However, in spite of the progress made, we have fallen short of unanimity by a small margin. The Presidency will now reflect on how to capitalise on the momentum that delegations have given us".

The subject was last discussed by the Competitiveness Council on 11 October, on the basis of a previous compromise proposal.

The draft regulationis aimed at setting up translation arrangements for the EU patent that are:

• cost-effective, by reducing costs to ensure accessibility to patent protection;
• simplified, by reducing the administrative burden and complexity for the users; and that
• ensure legal certainty, by avoiding uncertainty caused by translations having legal effect.

The EU patent, providing protection throughout the EU, is viewed as necessary for the completion of the internal market for innovative products. The complexity and high costs of the validation process for European patents give rise to a fragmented system in the EU, which is a major obstacle for innovative companies and therefore has a negative impact on the functioning of the internal market.