Innovation and Technology

Patents

Negotiations for the creation of an EU patent have been ongoing for some considerable time in the EU

EU patent system

The VDA supports the establishment of an EU patent system. A standard patent must be affordable and legally secure so that it is perceived as an attractive alternative to the existing European patent. A leanly structured and low-cost EU patent is designed to make European patent applicants more competitive on a global scale. The introduction of European jurisdiction must also not result in any deterioration in quality and legal security.

Negotiations for the creation of an EU patent have been ongoing for some considerable time in the EU. In June 2010, the EU Commission finally submitted a proposal under which the only legally binding languages would be English, French and German. However, since no consensus could be achieved about the language regulation, all EU member states with the exception of Spain and Italy decided to work together more closely and at the end of 2012 the so-called “patent package,” consisting of two regulations and an international treaty, was signed.

To date only six of the 25 participating countries have ratified the treaty for the Unified Patent Court. However, at least 13, including Germany, France and Great Britain, are required for the new court and patent to start. The main item that requires clarification is cost. But the concrete drafting of the procedure and in particular the exact level of cost for patent applications are currently under discussion.

Dr. Ralf Scheibach
Dr. Ralf Scheibach Head of Department Law and Insurance

Tel: +49 30 897842-260 Fax: +49 30 897842-600
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