Major progress made on European Community patent
A more streamlined, quicker and simpler patent procedure drew a step closer at the Diplomatic convention held in Munich, Germany, which closed with a new proposed patent convention on November 29. Delegates from the 20 member states of the European patent office (EPO) in Munich, Germany, finished nine days of discussion revising the 1973 European patent convention. The benefits discussed include the following: - the conference inserted a provision in the Convention stipulating that a regular conference of ministers be held, thereby bringing the EPO more firmly within the political responsibility of the member states - it will be possible to file patent applications in any language, since a translation into one of the official languages of the EPO will not be required until a later date. Applicants will also benefit from improved protection against inadvertent legal consequences arising from the non-observance of time limits during the procedure itself - patent proprietors will be given the option, in a central procedure before the EPO, of limiting the protection afforded by their patents. This means that proprietors will not have to go through the national patent offices. In addition, if a granted patent turned out to be invalid, it can be limited by a rapid and unbureaucratic procedure. This limitation responds to requests for such a procedure from experts and is also in the public interest. It will act as an incentive to amend incorrectly granted patents quickly and at low cost. - delegates have given their approval for search and examination to be brought together. - the conference created a legal basis for special agreements between the contracting states concerning the translation of European patents and the introduction of a central court system for the enforcement of European patents, issues which are also of importance for the Community patent proposed by the European Commission. Announcing these improvements, Dr Roland Grossenbacher, Chairman of the administrative council of the European patent organization, admitted that both problems remained and that these benefits would take some time to come into force. 'There are a number of outstanding issues of some significance, in particular the protection of computer programs and biotechnology inventions, which require further analysis,' he said. 'The new provisions it has adopted will not, however, enter into force immediately, as they first have to be ratified by the parliaments of our member states. The Convention as revised at this Conference will therefore probably not have legal effect for another four or five years.'
Kraje
Germany