[Patents] EU commission pushing hard line

[PILCH Hartmut phm@a2e.de]

http://europa.eu.int/comm/internal_market/de/intprop/indprop/99.htm :

   Patents: Commission outlines ambitious series of measures
   
   A series of concrete measures to improve the framework for obtaining
   patent protection in the European Union (EU) are outlined in a policy
   Communication just adopted by the European Commission. These measures
   will include a proposal for a Regulation to establish a unitary EU
   patent valid throughout the EU, a proposal for a Directive on patent
   protection of inventions related to computer programmes, an
   interpretative Communication on freedom of establishment and freedom
   to provide services for patent agents and a pilot action to support
   efforts by national patent offices to promote innovation. The
   Communication reflects the results of consultations with the European
   Parliament and a wide range of interested parties on the basis of the

phm: wide range = 44 patent lawyers.

Are European citiziens paying Mr. Monti in order to have him lie to them
in public?

   Commission's June 1997 Green Paper on patents. The Communication forms
   part of the Commission's Action Plan for the Single Market and the
   First Action Plan for Innovation in Europe.
   
   "This coherent policy framework lays the foundations for ensuring that
   pan-EU patent protection can be obtained more easily and more cheaply
   than at present. This will serve to promote investment in innovation,
   which is so crucial to employment, growth and competitiveness in the
   EU", commented Single Market Commissioner Mario Monti. "We have made
   the introduction of a unitary patent valid throughout the Single
   Market a political priority", stressed Mr. Monti, "in accordance with
   the clearly expressed demands of users and of the European Parliament
   for adequate protection at a reasonable cost and with optimum legal
   certainty. Other additional measures will result in a substantial
   improvement in the EU's patent system to the benefit of innovative
   European businesses".
   
   The priority measures outlined in the Communication, in accordance
   with the urgent areas identified by the consultations, are as follows:
     * a proposal for a Regulation creating a EU Patent which would be
       valid, with immediate effect, throughout the EU on the basis of a
       single application. This system would coexist with patents issued
       by national offices and the European Patent Office (established by
       the 1973 Munich Convention), thus providing innovative businesses
       with a choice of protective systems. The proposal, to be presented
       in the course of 1999, will reflect the need for a unitary
       Community patent, covering the entire territory of the EU which
       was expressed clearly during consultations on the Green Paper. The
       EU Patent would significantly facilitate the management of patent
       rights in the Single Market and make it easier to enforce these
       rights.
     * a proposal for a Directive to harmonise the conditions for the
       patentability of inventions related to computer programs will also
       be prepared by the Commission. The proposal, to be presented
       before the Summer of 1999, would harmonise national rules and
       practices to the extent necessary to ensure that innovative
       software companies can obtain effective patent protection for
       their inventions in all Member States. Currently, this is not
       possible because of divergent approaches in different Member
       States.
     * an interpretative Communication to be issued by the Commission to
       clarify how patent agents can benefit from EU Treaty rules on
       freedom of establishment and freedom to provide services
       throughout the EU.
     * a pilot action to be set up to support the efforts of national
       patent offices in promoting innovation. The action will form part
       of the Commission's 5th framework programme on research and
       development.
       
   Other forthcoming initiatives outlined in the Communication include:
     * proposals to harmonise the scope of exceptions (e.g. for
       non-commercial use) to the rights conferred by patents in certain
       sectors (e.g. pharmaceuticals), after completing an in-depth
       analysis of the situation
     * concerning the European Patent: launching the procedure for the
       accession of the EU to the Munich Convention; supporting proposals
       for lower fees; encouraging a reduction in costs for translating
       European Patents; and encouraging Member States to support the
       revision of the Munich Convention to adapt it to technological
       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       developments (e.g. to allow computer software to be patented) and
       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       to take account of EU legislation and relevant international
       agreements

Looking at the Greenbook, it is clear what "adapt it to technological
developments" means.  It means "expand it to all areas where money is
made".  This is also why a "dynamic technology concept" is envisaged,
eventually leading to patents on business methods and much more.

Btw., this month greenpeace.de published several articles where they
accuse the patent offices of breaking the law. 

     * issuing a Commission Communication on how to improve dissemination
       of information on patent law amongst inventors, researchers and
       small and medium-sized companies
     * commissioning a study on employees' inventions, to determine
       whether clauses in employment contracts can constitute an obstacle
       to innovation, what appropriate standard clauses might be and to
       suggest suitable arbitration procedures for settling disputes.
       However, the Commission considers that legislation in this area
       should not be harmonised at EU level.

This is interesting.
M Monti's patent lobby patrons want to get rid of the German "employee
inventor law" which they see as an obnoxious hinderance to gloabally
uniform exploitation of patents.  But the EU knows that this cannot be
achieved without a public outcry.  In such cases, the EU is capable of
stopping short from enforcing complete uniformisation.

     * organising a European conference for insurers, industry
       organisations and patent offices on insurance for legal protection
       against litigation costs in connection with patents.
       
-phm