Promoting innovation through patents. Green Paper
1997/2148(COS)
The committee adopted unanimously the motion for a resolution on the Commission Green Paper
on the Community patent and the patent system in Europe. Taking the view that there was an
urgent need to consider the Community patent system and the effective implementation thereof
within the European Union before enlargement commenced, the rapporteur, Mr Añoveros Trias
de Bes (PPE, E), made a wide range of proposals and improvements to the substance of the Green
Paper. Among the various problems raised by the Community patent system, he considered:
translation costs, not only from the financial point of view but also taking account of the
dissemination of European inventions in other regions of the world; the legal uncertainty
stemming from the fact that a number of legal bodies were provided for in the intended system
of jurisdiction; the levying of fees at European and national level and the appropriateness of the
formulae for conversion from the European to the Community patent system. Mr Añoveros
wished computer programs and software inventions to be patentable, and he advocated the
adoption of supplementary harmonisation measures at Community level to make the patent system
more attractive. On this subject, he said that he appreciated the proposal by the Commission to
reduce the fees payable by SMEs, individual inventors and universities, and the motion for a
resolution adopted indicated that mutual recognition of patent attorneys, and the involvement of
other professional groups, such as business consultants, in the network of services associated with
patenting could help to simplify the procedure and render it more effective.
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