Community patent still no nearer
The latest meeting of the Internal Market Council on 21 May brought no breakthrough in attempts to finalise the details of a Community patent. While business leaders and research and development representatives have emphasised the importance of the patent, political disagreements have held up any new developments. 'Nothing is agreed so long as everything is not settled,' read a statement by the Council following its meeting. Obstacles in the way of an agreement have traditionally related to the language regime of the patent, the judicial arrangements for patent disputes and the role of the national patent offices. While the Council adopted conclusions agreeing to regard the Spanish Presidency's compromise proposal as the 'basis for continued work', there are fears that the Community patent discussions will not be finalised before the end of the Spanish presidency. The European Commission reacted cautiously to the Council. Internal Market Commissioner Frits Bolkestein welcomed progress on the language regime, but pointed out that this would mean extra costs for business. 'The Commission firmly believes that the price for companies will be worth paying only if the Community patent offers legal certainty.' The problem at present, he continued, is that this legal certainty needs a court specifically responsible for rulings on patents and infringements of patents. This would mean sacrifices by some Member States. 'It is high time that all Member States put the interests of industry before the interests of a small number of specialist judges and lawyers that currently work in national patent courts. The Commission will only agree to an overall compromise on the Community patent that includes all aspects and resolves all outstanding issues.'