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COUNCIL OFBrussels, 26 October 2011
THE EUROPEAN UNION
Interinstitutional File: 16016/11
2011/0093 (COD)
2011/0094 (CNS) -
PI 140 CODEC 1806 -
WORKING DOCUMENT
from:
General Secretariat
to: Friends of the Presidency Group (Patents)
No. prev. doc.: 15472/11 PI 131 CODEC 1676
Subject:
Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection
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-Preparation of the next informal trialogue
Proposal for a Regulation of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION
ANNEX I -
Commission proposal Council general approach Parliament draft report Compromise proposals
Proposal for a Proposal for a Proposal for a -
REGULATION OF THE REGULATION OF THE REGULATION OF THE
EUROPEAN PARLIAMENT AND EUROPEAN PARLIAMENT AND EUROPEAN PARLIAMENT AND
OF THE COUNCIL OF THE COUNCIL OF THE COUNCIL -
implementing enhanced cooperation implementing enhanced cooperation implementing enhanced cooperation
in the area of the creation of unitary in the area of the creation of unitary in the area of the creation of unitary
patent protection patent protection patent protection -
THE COUNCIL OF THE THE COUNCIL OF THE THE COUNCIL OF THE
EUROPEAN UNION EUROPEAN UNION EUROPEAN UNION
Having regard to the Treaty on European Union and the Treaty
on the Functioning of the European Union and in particular Article 118(1) thereof, Having regard to the Treaty on European Union and the Treaty
on the Functioning of the European Union and in particular Article 118(1) thereof, Having regard to the Treaty on European Union and the Treaty
on the Functioning of the European Union and in particular Article 118(1) thereof,
Having regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protectionHaving regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protectionHaving regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection
1, 2, 3,
Having regard to the proposal Having regard to the proposal Having regard to the proposal
1 OJ L 76, 22.3.2011, p. 53.
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
from the European Commission, from the European Commission, from the European Commission,
After transmission of the draft legislative act to the national Parliaments, After transmission of the draft legislative act to the national Parliaments, After transmission of the draft legislative act to the national Parliaments,
Acting in accordance with the ordinary legislative procedure, Acting in accordance with the ordinary legislative procedure,Acting in accordance with the ordinary legislative procedure,
Whereas: Whereas: Whereas:
Rec 1 In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal. In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal.In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal.
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Commission proposal Council general approach Parliament draft report Compromise proposals
Rec 2 Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of establishment.Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of stablishment.Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of establishment.
Rec 3 Pursuant to Article 118(1) of the Treaty on the Functioning of the European Union (hereinafter "TFEU"), measures foreseen in the context of the establishment and functioning of the internal market include the creation of uniform patent protection throughout the Union and the establishment of centralised Union-wide authorisation, coordination and supervision arrangements.Pursuant to Article 118(1) of the Treaty on the Functioning of the European Union (hereinafter "TFEU"), measures foreseen in the context of the establishment and functioning of the internal market include the creation of uniform patent protection throughout the Union and the establishment of centralised Union-wide authorisation, coordination and supervision arrangements.Pursuant to Article 118(1) of the Treaty on the Functioning of the European Union (hereinafter "TFEU"), measures foreseen in the context of the establishment and functioning of the internal market include the creation of uniform patent protection throughout the Union and the establishment of centralised Union-wide authorisation, coordination and supervision arrangements.
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Commission proposal Council general approach Parliament draft report Compromise proposals
Rec 4 On 10 March 2011, the Council adopted Decision 2011/167/EU authorising enhanced cooperation between Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter "participating Member States") in the area of the creation of unitary patent protection.On 10 March 2011, the Council adopted Decision 2011/167/EU authorising enhanced cooperation between Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter "participating Member States") in the area of the creation of unitary patent protection.On 10 March 2011, the Council adopted Decision 2011/167/EU authorising enhanced cooperation between Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter "participating Member States") in the area of the creation of unitary patent protection.
Rec 5 The Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter "EPC"), established the European Patent Organisation and entrusted it with the task of granting European patents. This task is carried out by the European Patent Office. European patents granted by the European Patent Office under the rules and procedures laid down in the EPC should, on request by the patent proprietor, benefit from unitary effect by virtue of this Regulation The Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter "EPC"), established the European Patent Organisation and entrusted it with the task of granting European patents. This task is carried out by the European Patent Office. European patents granted by the European Patent Office under the rules and procedures laid down in the EPC should, on request by the patent proprietor, benefit from unitary effect by virtue of this Regulation The Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter "EPC"), established the European Patent Organisation and entrusted it with the task of granting European patents. This task is carried out by the European Patent Office. European patents granted by the European Patent Office under the rules and procedures laid down in the EPC should, on request by the patent proprietor, benefit from unitary effect by virtue of this Regulation
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Commission proposal Council general approach Parliament draft report Compromise proposals
in the territories of the participating Member States (hereinafter "European patents with unitary effect").in the territories of the participating Member States (hereinafter "European patents with unitary effect").in the territories of the participating Member States (hereinafter "European patents with unitary effect").
Rec 6 It is foreseen in Part IX of the EPC that a group of Member States of the European Patent Organisation may provide that European patents granted for those States have a unitary character. This Regulation constitutes a special agreement within the meaning of Article 142 of the EPC, a regional patent treaty within the meaning of Article 45(1) of the Patent Cooperation Treaty of 19 June 1970 and a special agreement within the meaning of Article 19
of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967.It is foreseen in Part IX of the EPC that a group of Member States of the European Patent Organisation may provide that European patents granted for those States have a unitary character. This Regulation constitutes a special agreement within the meaning of Article 142 of the EPC, a regional patent treaty within the meaning of Article 45(1) of the Patent Cooperation Treaty of 19 June 1970 and a special agreement within the meaning of Article 19
of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967.It is foreseen in Part IX of the EPC that a group of Member States of the European Patent Organisation may provide that European patents granted for those States have a unitary character. This Regulation constitutes a special agreement within the meaning of Article 142 of the EPC, a regional patent treaty within the meaning of Article 45(1) of the Patent Cooperation Treaty of 19 June 1970 and a special agreement within the meaning of Article 19
of the Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883 and last revised on 14 July 1967.
Rec 7 The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of the participating Member States. The main feature of European patents with unitary The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of the participating Member States. The main feature of European patents with unitary The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in
respect of all the participating Member States. The main feature of European patents with unitary Compromise proposal:
Am. 1
The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in
respect of all the participating
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Commission proposal Council general approach Parliament draft report Compromise proposals
effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should
only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect.
However, to ensure legal certainty in the event of a limitation or revocation on the ground of lack of novelty pursuant to Article 54(3) EPC, the limitation or revocation of a European patent with unitary effect should take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published.
Finally, the unitary effect attributed to a European patent should have an accessory nature effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should
only be limited, transferred, revoked or lapse in respect of all the participating Member States.
A European patent with unitary effect may be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited. effect should be their unitary character, i.e. providing uniform protection and having equal effect
in all participating Member
States. Consequently, a European patent with unitary effect should
only be granted, limited, transferred or revoked, or lapse or become subject to law enforcement, in respect of all the participating Member States. It should be possible for a European patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, transferred, revoked or lapse in respect of all the participating Member States. .
It should be possible for a European patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.
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Commission proposal Council general approach Parliament draft report Compromise proposals
and should cease to exist or be limited to the extent that the basic European patent has been revoked
or limited.
Rec 8 In accordance with the general principles of patent law and Article 64(1) of the EPC, unitary patent protection should take effect retroactively in the territories of the participating Member States as of the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin. Where unitary effect takes effect, the participating Member States should ensure that the European patent is deemed not to have taken effect on their territory on the date of the publication of the mention of the grant as a national patent to avoid any duplication of patent protection on their territories stemming from the same European patent granted by the European Patent Office.In accordance with the general principles of patent law and Article 64(1) of the EPC, unitary patent protection should take effect retroactively in the territories of the participating Member States as of the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin. Where unitary effect takes effect, the participating Member States should ensure that the European patent is deemed not to have taken effect on their territory on the date of the publication of the mention of the grant as a national patent to avoid any duplication of patent protection on their territories stemming from the same European patent granted by the European Patent Office.In accordance with the general principles of patent law and Article 64(1) of the EPC, unitary patent protection should take effect retroactively in the territories of the participating Member States as of the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin. Where unitary effect takes effect, the participating Member States should ensure that the European patent is deemed not to have taken effect on their territory on the date of the publication of the mention of the grant as a national patent to avoid any duplication of patent protection on their territories stemming from the same European patent granted by the European Patent Office.
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Commission proposal Council general approach Parliament draft report Compromise proposals
Rec 9 In matters not covered by this Regulation or Council Regulation .../... [translation arrangements], the provisions of the EPC and national law including rules of private international law shall apply. In matters not covered by this Regulation or Council Regulation .../... [translation arrangements], the provisions of the EPC and national law including rules of private international law shall apply.In matters not covered by this Regulation or Council Regulation .../... [translation arrangements], the provisions of the EPC and national law including rules of private international law shall
apply.
Rec 9a - The matter of compulsory licences is not covered by this Regulation. Compulsory licences for European patents with unitary effect should be governed by the national legislations of the participating Member States on their respective territories. - Council position
Rec 10 The rights conferred by the European patent with unitary effect should enable the patent proprietor to prevent any third party not having his consent from the direct and indirect use of the invention on the territories of the participating Member States. However, a number of limitations of the patent proprietor's rights should enable third parties to use the invention, for instance for private and for non-commercial purposes, for experimental purposes, for acts allowed The rights conferred by the European patent with unitary effect should enable the patent proprietor to prevent any third party not having his consent from the direct and indirect use of the invention on the territories of the participating Member States. However, a number of limitations of the patent proprietor's rights should enable third parties to use the invention, for instance for private and for non-commercial purposes, for experimental purposes, for acts allowed The rights conferred by the European patent with unitary effect should enable the patent proprietor to prevent any third party not having his consent from the direct and indirect use of the invention on the territories of the participating Member States. However, a number of limitations of the patent proprietor's rights should enable third parties to use the invention, for instance for private and for non-commercial purposes, for experimental purposes, for acts allowed
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Commission proposal Council general approach Parliament draft report Compromise proposals
specifically under Union law (in the area of veterinary medicinal products, medicinal products for human use, plant variety rights, the legal protection of computer programs by copyright and the legal protection of biotechnological inventions) under international law and for the use by a farmer of protected livestock for farming purposes.specifically under Union law (in the area of veterinary medicinal products, medicinal products for human use, plant variety rights, the legal protection of computer programs by copyright and the legal protection of biotechnological inventions) under international law and for the use by a farmer of protected livestock for farming purposes.specifically under Union law (in the area of veterinary medicinal products, medicinal products for human use, plant variety rights, the legal protection of computer programs by copyright and the legal protection of biotechnological inventions) under international law and for the use by a farmer of protected livestock for farming purposes.
Rec 11 In accordance with the case law of the Court of Justice of the European Union, the principle of the exhaustion of rights should be applied also in relation to European patents with unitary effect. Therefore, rights conferred by a European patent with unitary effect should also not extend to acts concerning the product covered by that patent, which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent.In accordance with the case law of the Court of Justice of the European Union, the principle of the exhaustion of rights should be applied also in relation to European patents with unitary effect. Therefore, rights conferred by a European patent with unitary effect should also not extend to acts concerning the product covered by that patent, which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent.In accordance with the case law of the Court of Justice of the European Union, the principle of the exhaustion of rights should be applied also in relation to European patents with unitary effect. Therefore, rights conferred by a European patent with unitary effect should also not extend to acts concerning the product covered by that patent, which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent.
Rec 12 As an object of property, a European patent with unitary effect should be dealt with in its entirety, and in all the As an object of property, a European patent with unitary effect should be dealt with in its entirety, and in all the As an object of property, a European patent with unitary effect should be dealt with in its entirety, and in all the
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Commission proposal Council general approach Parliament draft report Compromise proposals
participating Member States, as a national patent of the participating Member State in which, according to the European Patent Register, the proprietor of the patent had his residence or principal place of business on the date of filing of the patent application. If the proprietor of the patent did not have his residence or a place of business in any of the participating Member State, the European patent with unitary effect should be dealt with as a national patent of the Member State where the European Patent Organisation has its headquarters.participating Member States, as a national patent of the participating Member State in which, according to the European Patent Register, the proprietor of the patent had his residence or principal place of business on the date of filing of the patent application. If the proprietor of the patent did not have his residence or a place of business in any of the participating Member State, the European patent with unitary effect should be dealt with as a national patent of the Member State where the European Patent Organisation has its headquarters.participating Member States, as a national patent of the participating Member State in which, according to the European Patent Register, the proprietor of the patent had his residence or principal place of business on the date of filing of the patent application. If the proprietor of the patent did not have his residence or a place of business in any of the participating Member State, the European patent with unitary effect should be dealt with as a national patent of the Member State where the European Patent Organisation has its headquarters.
Rec 13 In order to promote and facilitate In order to promote and facilitate In order to promote and facilitate the economic exploitation of inventions protected by European patents with unitary effect, the patent proprietor should be able to offer its patent to be licensed to anyone complying with the terms and conditions set out by the patent proprietor in return for appropriate compensation. To that end the patent proprietor may file a statement with the European Patent Office that he is prepared to grant a license in return for
the economic exploitation of inventions protected by European patents with unitary effect, the patent proprietor should be able to offer its patent to be licensed to anyone complying with the terms and conditions set out by the patent proprietor in return for appropriate compensation. To that end the patent proprietor may file a statement with the European Patent Office that he is prepared to grant a license in return for the economic exploitation of inventions protected by European patents with unitary effect, the patent proprietor should be able to offer its patent to be licensed to anyone complying with the terms and conditions set out by the patent proprietor in return for appropriate compensation. To that end the patent proprietor may file a statement with the European Patent Office that he is prepared to grant a license in return for
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appropriate compensation. In that case, the proprietor should, after receipt of that statement, benefit from a reduction of the renewal fees.appropriate compensation. In that case, the proprietor should, after receipt of that statement, benefit from a reduction of the renewal fees.appropriate compensation. In that case, the proprietor should, after receipt of that statement, benefit from a reduction of the renewal fees.
Rec 14 The group of Member States The group of Member States The group of Member States making use of Part IX of the EPC may give tasks to the European Patent Office and set up a Select Committee of the Administrative Council of the European Patent Organisation (hereinafter "Select Committee").
making use of Part IX of the EPC may give tasks to the European Patent Office and set up a Select Committee of the Administrative Council of the European Patent Organisation (hereinafter "Select Committee").making use of Part IX of the EPC may give tasks to the European Patent Office and set up a Select Committee of the Administrative Council of the European Patent Organisation (hereinafter "Select Committee").
Rec 15 The participating Member States The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect, the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect, the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants Council/EP position
Am. 2 should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect, the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants
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Commission proposal Council general approach Parliament draft report Compromise proposals
filing European patent applications in a language other than one of the official languages of the European Patent Office.
The participating Member States should ensure that requests for unitary effect are filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation.../... [translation arrangements] filing European patent applications in a language other than one of the official languages of the European Patent Office. filing European patent applications in a language other than one of the official languages of the European Patent Office.
.
Rec 15a - In the framework of the Select Committee, the participating Member States should ensure the governance and supervision of the activities related to the tasks entrusted to the European Patent Office by the participating Member States, ensure that requests for unitary effect are filed with the European Patent Office within one month of the In the framework of the Select Committee, the participating Member States should ensure the governance and supervision of the activities related to the tasks entrusted to the European Patent Office by the participating Member States, they should ensure that requests for unitary effect are filed with the European Patent Office within one month of Council position
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Commission proposal Council general approach Parliament draft report Compromise proposals
date of the publication of the mention of the grant in the European Patent Bulletin and ensure that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation.../... [translation arrangements]. The participating Member States should also ensure the setting, in accordance with the voting arrangements in Article 35(2) of the EPC, of the level of the renewal fees and the share of the distribution of the renewal fees in accordance with the criteria set out in this Regulation. the date of the publication of the mention of the grant in the European Patent Bulletin and ensure that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation.../... [translation arrangements]. The participating Member States should also ensure the setting, in accordance with the voting arrangements in Article 35(2) of the EPC, of the level of the renewal fees and the share of the distribution of the renewal fees in accordance with the criteria set out in this
Regulation, paying due regard to the position of the Commission.
Rec 16 Patent proprietors should pay one Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid
to the European Patent Organisation during the pre-grant Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid
to the European Patent Organisation during the pre-grant Compromise proposal:
Am. 4 common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid
to the European Patent Organisation during the pre-grant
Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid
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Commission proposal Council general approach Parliament draft report Compromise proposals
stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the
renewal fees is first fixed by the Commission. stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed. stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness
of European businesses and should take into account the specific situation of small and medium enterprises in the form of lower fees . It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed. to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness
of European businesses taking into account the specific situation of small and medium- sized enterprises . It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed.
Rec 17 In order to determine the In order to determine the appropriate level and distribution of renewal fees and to ensure that all costs of the tasks in relation to the unitary patent protection entrusted on the European Patent Office are fully covered by the resources generated by the In order to determine the appropriate level and distribution of renewal fees and to ensure that all costs of the tasks in relation to the unitary patent protection entrusted on the European Patent Office are fully covered by the resources generated by the
appropriate level and distribution of renewal fees and to ensure that all costs of the tasks in relation to the unitary patent protection entrusted on the European Patent Office are fully covered by the resources generated by the
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Commission proposal Council general approach Parliament draft report Compromise proposals
European patents with unitary effect and that, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, the revenues from the renewal fees ensure a balanced budget of the European Patent Organisation. European patents with unitary effect and that, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, the revenues from the renewal fees ensure a balanced budget of the European Patent Organisation. European patents with unitary effect and that, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, the revenues from the renewal fees ensure a balanced budget of the European Patent Organisation.
Rec 18 Renewal fees should be paid to the Renewal fees should be paid to the European Patent Organisation.
The European Patent Office shall retain an amount to cover the expenses generated at the European Patent Office in carrying out tasks in relation to the unitary patent protection in accordance with Article 146 EPC. The remaining amount shall be distributed among the participating Member States,
which should be used for patent- related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of
the market and should guarantee
a minimum amount to be redistributed to each participating Member State in order to maintain a balanced and Renewal fees should be paid to the European Patent Organisation.
50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent- related purpose s. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of Council position
European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member
States, which should be used for patent-related purpose s. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation
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relatively recently. sustainable functioning of the system. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity
established on the basis of the European Innovation Scoreboard (EIS) and having acquired membership of the European Patent Organisation relatively recently. the European Patent Organisation relatively recently.
Rec 19 In order to ensure the appropriate deleted deleted deleted
Am. 5 level and distribution of renewal fees in compliance with the principles set out in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the level of the renewal fees for European patents with unitary effect and the distribution of such fees between the European Patent Organisation and the participating Member States. It is of particular importance that the Commission
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carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Rec 20 An Enhanced partnership between An Enhanced partnership between the European Patent Office and central industrial property offices of the Member States should enable the European Patent Office to make regular use, where appropriate, of the result of any search carried out by central industrial property offices on a national patent application the priority of which is claimed in a subsequent European patent application. All central industrial property offices, including those which do not perform searches in the course of a national patent granting procedure, can have an essential role under the enhanced partnership, inter alia by giving advice and support to potential patent applicants, in particular An Enhanced partnership between the European Patent Office and central industrial property offices of the Member States should enable the European Patent Office to make regular use, where appropriate, of the result of any search carried out by central industrial property offices on a national patent application the priority of which is claimed in a subsequent European patent application. All central industrial property offices, including those which do not perform searches in the course of a national patent granting procedure, can have an essential role under the enhanced partnership, inter alia by giving advice and support to potential patent applicants, in particular
the European Patent Office and central industrial property offices of the Member States should enable the European Patent Office to make regular use, where appropriate, of the result of any search carried out by central industrial property offices on a national patent application the priority of which is claimed in a subsequent European patent application. All central industrial property offices, including those which do not perform searches in the course of a national patent granting procedure, can have an essential role under the enhanced partnership, inter alia by giving advice and support to potential patent applicants, in particular
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small and medium-sized enterprises, by receiving applications, by forwarding applications to the European Patent Office and by disseminating patent information. small and medium-sized enterprises, by receiving applications, by forwarding applications to the European Patent Office and by disseminating patent information. small and medium-sized enterprises, by receiving applications, by forwarding applications to the European Patent Office and by disseminating patent information.
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Rec 21 This Regulation should be This Regulation should be complemented by Council Regulation .../... implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, adopted by the Council in accordance with Article 118(2) of the TFEU. This Regulation should be complemented by Council Regulation .../... implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, adopted by the Council in accordance with Article 118(2) of the TFEU.
complemented by Council Regulation .../... implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, adopted by the Council in accordance with Article 118(2) of the TFEU.
Rec 21a - The jurisdiction for European patents with unitary effect should be established and governed by an instrument setting up a unified patent litigation system for European patents and European patents with unitary effect. - Council position
Rec 22 This Regulation should be without This Regulation should be without prejudice to the right of Member States to grant national patents and should not replace Member States' laws on patents. Patent applicants should remain free to obtain either a national patent, a European patent with unitary effect, a European patent taking effect in one or more of the Contracting States to the EPC or a European patent with unitary This Regulation should be without prejudice to the right of Member States to grant national patents and should not replace Member States' laws on patents. Patent applicants should remain free to obtain either a national patent, a European patent with unitary effect, a European patent taking effect in one or more of the Contracting States to the EPC or a European patent with unitary
prejudice to the right of Member States to grant national patents and should not replace Member States' laws on patents. Patent applicants should remain free to obtain either a national patent, a European patent with unitary effect, a European patent taking effect in one or more of the Contracting States to the EPC or a European patent with unitary
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effect validated in addition in one or more other Contracting States to the EPC which are not among the participating Member States. effect validated in addition in one or more other Contracting States to the EPC which are not among the participating Member States. effect validated in addition in one or more other Contracting States to the EPC which are not among the participating Member States.
Rec 23 Since the objective of this Since the objective of this Regulation, namely the creation of uniform patent protection, can, by reasons of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures by means of enhanced cooperation where appropriate, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective. Since the objective of this Regulation, namely the creation of uniform patent protection, can, by reasons of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures by means of enhanced cooperation where appropriate, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.
Regulation, namely the creation of uniform patent protection, can, by reasons of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures by means of enhanced cooperation where appropriate, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.
HAVE ADOPTED THIS
REGULATION: HAVE ADOPTED THIS
REGULATION: HAVE ADOPTED THIS
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Chapter I General provisions Chapter I General provisions Chapter I General provisions
Article 1 Article 1 Article 1
Subject matter Subject matter Subject matter
Art 1 This Regulation implements the enhanced cooperation in the area of the creation of unitary patent protection authorised by Council Decision 2011/167/EU. This Regulation implements the enhanced cooperation in the area of the creation of unitary patent protection authorised by Council Decision 2011/167/EU. This Regulation implements the enhanced cooperation in the area of the creation of unitary patent protection authorised by Council Decision 2011/167/EU.
This Regulation constitutes a special agreement within the meaning of Article 142 of the Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter "the EPC"). This Regulation constitutes a special agreement within the meaning of Article 142 of the Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter "the EPC"). This Regulation constitutes a special agreement within the meaning of Article 142 of the Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter "the EPC"). -
Article 2 Article 2 Article 2
Definitions Definitions Definitions
Art 2 For the purposes of this Regulation, For the purposes of this Regulation, For the purposes of this Regulation,
introd. the following definitions shall
apply:the following definitions shall
apply:the following definitions shall
apply:
phrase
Art 2 point a "Participating Member State"
means a Member State which participates, at the time when the request for unitary effect as referred to in Article 12 is made, in enhanced cooperation in the area of the creation of unitary patent protection by virtue of "Participating Member State" means a Member State which participates, at the time when the request for unitary effect as referred to in Article 12 is made, in enhanced cooperation in the area of the creation of unitary patent protection by virtue of "Participating Member State"
means a Member State which participates, at the time when the request for unitary effect as referred to in Article 12 is made,
in
enhanced cooperation in
the area of the creation of unitary patent protection by virtue of
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Council Decision 2011/167/EU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) of the TFEU; Council Decision 2011/167/EU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) of the TFEU; Council Decision 2011/167/EU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) of the TFEU;
Art 2 point b "European patent" means a patent granted by the European Patent Office under the rules and procedures laid down in the EPC; "European patent" means a patent granted by the European Patent Office under the rules and procedures laid down in the EPC; "European patent" means a patent granted by the European Patent Office under the rules and procedures laid down in the EPC;
Art 2 point c "European patent with unitary effect" means a European patent which benefits from unitary effect
in the territories of the participating Member States by virtue of this Regulation; "European patent with unitary effect" means a European patent which benefits from unitary effect in "European patent with unitary effect" means a European patent which benefits from unitary effect
in the territories of all the participating Member States by virtue of this Regulation; EP position
Am. 6
the territories of the
participating Member States by virtue of this Regulation;
Art 2 point d "European Patent Register" means the register kept by the European Patent Office under Article 127 of the EPC; "European Patent Register" means the register kept by the European Patent Office under Article 127 of the EPC; "European Patent Register" means the register kept by the European Patent Office under Article 127 of the EPC;
Art 2
point da - - "Register for unitary patent protection" means the register constituting part of the European Patent Register in which the unitary effect and any limitation, license, transfer revocation or lapse of a European patent with unitary effect are registered; EP position
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Art 2 point e "European Patent Bulletin" means the periodical publication provided for in Article 129 of the EPC. "European Patent Bulletin" means the periodical publication provided for in Article 129 of the EPC. "European Patent Bulletin" means the periodical publication provided for in Article 129 of the
EPC. -
Article 3 Article 3 Article 3
European patent with unitary European patent with unitary European patent with unitary
effect effect effect
Art 3(1) European patents granted with an identical scope of protection in respect of all participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent
protection referred to in Article 12(1)(b). European patents granted with an identical scope of protection in respect of all participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent
protection referred to in Article 12(1)(b). European patents granted with the same set of claims in respect of all the participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent protection. Compromise proposal:
Am. 8
European patents granted with the same set of claims in respect of all the participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent
protection referred to in Article 2(da) .
European patents that were granted with different sets of claims for different participating Member States shall not benefit from unitary effect.
European patents that were granted with different sets of claims for different participating Member States shall not benefit from unitary effect. European patents that were granted with different sets of claims for different participating Member States shall not benefit from unitary effect.
European patents that were granted with different sets of claims for different participating Member States shall not benefit from unitary effect.
Art 3(2) A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in all participating Member A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in all participating Member A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in all participating Member Council position
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States. States. States.
Without prejudice to Article 5, a European patent with unitary effect may only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States. A European patent with unitary effect may only be limited, transferred, revoked or lapse in respect of all the participating Member States. European patents with unitary effect may only be granted,
limited, transferred or revoked, or lapse or become subject to law enforcement, in respect of all the participating Member States.
A European patent with unitary effect may be licensed in respect
of the whole or part of the territories of the participating Member States.
A European patent with unitary effect may be licensed in respect of the whole or part of the territories of the participating Member States.
Art 3(3) The unitary effect of a European patent shall be deemed not to have arisen to the extent that the European patent has been revoked or limited. The unitary effect of a European patent shall be deemed not to have arisen to the extent that the European patent has been revoked or limited. The unitary effect of a European patent shall be deemed not to have arisen to the extent that the European patent has been revoked
or limited. -
Article 4 Article 4 Article 4
Date of effect Date of effect Date of effect
Art 4(1) A European patent with unitary effect shall take effect in the territories of the participating Member States on the date of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin. A European patent with unitary effect shall take effect in the territories of the participating Member States on the date of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin. A European patent with unitary effect shall take effect in the territories of the participating Member States on the date of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin.
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Art 4(2) The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent
Bulletin. -
Article 5 Article 5 Article 5
Prior rights Prior rights Prior rights
Art 5 In the event of a limitation or a revocation on the ground of lack of novelty pursuant to Article 54(3) of the EPC, the limitation or revocation of a European patent with unitary effect shall take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published. deleted deleted deleted
Am. 10 -
Article 5a Article 5a Article 5a
Law applicable to a European Law applicable to a European Applicable law
patent with unitary effect patent with unitary effect
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Art 5a - deleted The following shall apply, in the following order of priority, to the European patent with unitary
effect: deleted
Am. 11
a) this Regulation and Regulation (EU) o .../... implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements and directly applicable Union law;
b) in matters not covered by (a),
the EPC;
c) in matters not covered by (a) and (b), -
national law of the participating Member States including their private international law; -
Chapter II Effects of the Chapter II Effects of the Chapter II Effects of the
European patent with unitary European patent with unitary European patent with unitary
effect effect effect
Article 6 Article 6 Article 6
Right to prevent the direct use of Right to prevent the direct use of Right to prevent the direct use of
the invention the invention the invention
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Art 6 The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the
following: The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the
following: The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from the
following:
introd.
phrase
Art 6 point a making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes; making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes; making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes;
Art 6 point b using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within
the participating Member States; using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the Member States; using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within
the territory of the participating
Member States; EP position
Am. 12
Art 6 point c offering, placing on the market, using, importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent. offering, placing on the market, using, importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent. offering, placing on the market, using, importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent.
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Article 7 Article 7 Article 7
Right to prevent the indirect use Right to prevent the indirect use Right to prevent the indirect use
of the invention of the invention of the invention
Art 7(1) The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any
person without the proprietor's consent , other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any
person without the proprietor's consent , other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect. The European patent with unitary effect shall confer on its proprietor the right to prevent any
third party not having the proprietor's consent from supplying or offering to supply, within the participating Member
States, any person other than the one entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect. Compromise proposal:
Am. 13
The European patent with unitary effect shall confer on its proprietor the right to prevent any
third party not having the proprietor's consent from supplying or offering to supply, within the participating Member
States, any person other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.
Art 7(2) Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 6. Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 6. Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 6.
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Art 7(3) Persons performing the acts referred to in Article 8(a) to (d) shall not be considered to be parties entitled to exploit the invention within the meaning of paragraph 1. Persons performing the acts referred to in Article 8(a) to (d) shall not be considered to be parties entitled to exploit the invention within the meaning of paragraph 1. Persons performing the acts referred to in Article 8(a) to (d) shall not be considered to be parties entitled to exploit the invention within the meaning of
paragraph 1.
Art 8a - - Article 8a Council position
Am. 14
Damages
1. In the event of unlawful direct use, the patent proprietor shall have the right in accordance with Article 6 to claim damages from the third party.
2. He may at his discretion claim from the third party:
a) compensation for lost profit and other damages,
b) a reasonable royalty, or
c) surrender of the profit derived from the patent infringement.
3. The royalty referred to in paragraph 2(b) shall be such as would have been set by reasonable parties to a licence agreement at the time the patent was first infringed, but in full knowledge of all the circumstances of the patent
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infringement, including the unauthorised use.
4. Interest shall be charged on the sum to be paid in compensation at 5% over the ECB rate for each year of use. The claim shall lapse five years after the patent proprietor first learns of the patent infringement.
5. The patent proprietor's entitlement to information and other entitlements shall be determined under the national law of the participating Member States adopted pursuant to Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
6. Paragraphs 1 to 5 shall apply
in cases of indirect use of a
patent in accordance with Article
5 only where the act leads to a
direct infringement of the patent.
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Article 8 Article 8 Article 8
Limitation of the effects of the Limitation of the effects of the Limitation of the effects of the
European patent with unitary European patent with unitary European patent with unitary
effect effect effect
Art 8 The rights conferred by the European patent with unitary effect shall not extend to any of the following: The rights conferred by the European patent with unitary effect shall not extend to any of the following: The rights conferred by the European patent with unitary effect shall not extend to any of the following
Art 8 point a acts done privately and for non- commercial purposes; acts done privately and for non- commercial purposes; acts done privately and for non- commercial purposes;
Art 8 point b acts done for experimental purposes relating to the subject matter of the patented invention; acts done for experimental purposes relating to the subject matter of the patented invention; acts done for experimental
purposes relating to the subject matter of the patented invention;
Art 8
point ba - - acts relating to the use of the invention prior to the granting of the patent or to the right based on prior use of the patent. Council position
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Art 8 point c acts carried out solely for the purpose of conducting the necessary tests and trials in accordance with Article 13(6) of Directive 2001/82/EC or Article 10(6) of Directive 2001/83/EC in respect of any patent covering the product within the meaning of either of those Directives. acts carried out solely for the purpose of conducting the necessary tests and trials in accordance with Article 13(6) of Directive 2001/82/EC or Article 10(6) of Directive 2001/83/EC in respect of any patent covering the product within the meaning of either of those Directives. acts carried out solely for the purpose of conducting the necessary tests and trials in accordance with Article 13(6) of Directive 2001/82/EC or Article 10(6) of Directive 2001/83/EC in respect of any patent covering the product within the meaning of either of those Directives.
Art 8 point d the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription nor acts concerning the medicine so prepared; the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription nor acts concerning the medicine so prepared; the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription nor acts concerning the medicine so prepared;
Art 8 point e the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel; the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel; the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel;
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Art 8 point f the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter participating Member States; the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter participating Member States; the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter
the territory of the participating Member States; EP position
Am. 16
Art 8 point g the acts specified in Article 27 of the Convention on International
Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State; the acts specified in Article 27 of the Convention on International
Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State; the acts specified in Article 27 of the Convention on International
Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State;
Art 8
point h acts as covered by the farmers privilege pursuant to Article 14 of Regulation (EC) No. 2100/94 which applies mutatis mutandis ; the use by a farmer of the product of his crop for propagation or multiplication on his own holding, provided that the reproductive vegetable material was sold or otherwise commercialized by the patent proprietor or with his consent to the farmer, for agricultural purposes. The scope and the detailed methods of this use are laid down in Article 14 of Regulation (EC) No. 2100/94; the use by a farmer of the product of his crop for propagation or multiplication on his own holding, provided that the reproductive vegetable material was sold or otherwise commercialized by the patent proprietor or with his consent to the farmer, for agricultural purposes. The scope and the detailed methods of such use are laid down in Article 14 of Regulation (EC) No. 2100/94; Council/EP position
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Art 8 point i the use by a farmer of protected livestock for farming purposes, on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the sale in the framework of or for the purpose of commercial reproductive activity; the use by a farmer of protected livestock for farming purposes, on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the sale in the framework of or for the purpose of commercial reproductive activity; the use by a farmer of protected livestock for farming purposes, on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the sale in the framework of or for the purpose of commercial reproductive activity;
Art 8 point j the acts and the use of the obtained information as allowed
under Articles 5 and 6 of Council Directive 91/250/EEC , in particular, by its provisions on decompilation and interoperability; and the acts and the use of the obtained information as allowed
under Articles 5 and 6 of Council Directive 91/250/EEC , in particular, by its provisions on decompilation and interoperability; and the acts and the use of the obtained information as allowed under Articles 5 and 6 of
Directive 2009/24/EC , in particular, by its provisions on decompilation and interoperability; and EP position
Am. 18
Art 8 point k the acts allowed pursuant to Article 10 of Directive 98/44/EC of the European Parliament and of the Council. the acts allowed pursuant to Article 10 of Directive 98/44/EC of the European Parliament and of the Council. the acts allowed pursuant to Article 10 of Directive 98/44/EC of the European Parliament and of the Council.
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Article 9 Article 9 Article 9
Exhaustion of the rights conferred Exhaustion of the rights conferred Exhaustion of the rights conferred
by the European patent with by the European patent with by the European patent with
unitary effect unitary effect unitary effect
Art 9 The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product. The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product. The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product. -
Chapter III A European patent Chapter III A European patent Chapter III A European patent
with unitary effect as an object of with unitary effect as an object of with unitary effect as an object of
property property property
Article 10 Article 10 Article 10
Treating a European patent with Treating a European patent with Treating a European patent with
unitary effect as a national patent unitary effect as a national patent unitary effect as a national patent
Art 10(1) A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the
introd.
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
participating Member State in which, according to the European Patent Register: participating Member State in which, according to the European Patent Register: participating Member State in which, according to the European Patent Register:
Art 10(1) point a the patent proprietor had his/her residence or principal place of business on the date of filing of the application for the patent; or the patent proprietor had his/her residence or principal place of business on the date of filing of the application for the patent; or the patent proprietor had his/her residence or principal place of business on the date of filing of the application for the patent; or
Art 10(1) where subparagraph (a) does not apply, the proprietor had a place of business on that date. where subparagraph (a) does not apply, the proprietor had a place of business on that date. where subparagraph (a) does not apply, the proprietor had a place of business on that date.
point b
Art 10(2) Where two or more persons are mentioned in the European Patent Register as joint proprietors, paragraph 1(a) shall apply to the joint proprietor indicated first. Where this is not possible, paragraph 1(a) shall apply to the next joint proprietor indicated in the order of entry. Where paragraph 1(a) does not apply to any of the joint proprietors, paragraph 1(b) shall apply accordingly. Where two or more persons are mentioned in the European Patent Register as joint proprietors, paragraph 1(a) shall apply to the joint proprietor indicated first. Where this is not possible, paragraph 1(a) shall apply to the next joint proprietor indicated in the order of entry. Where paragraph 1(a) does not apply to any of the joint proprietors, paragraph 1(b) shall apply accordingly. Where two or more persons are mentioned in the European Patent Register as joint proprietors, paragraph 1(a) shall apply to the joint proprietor indicated first. Where this is not possible, paragraph 1(a) shall apply to the next joint proprietor indicated in the order of entry. Where paragraph 1(a) does not apply to any of the joint proprietors, paragraph 1(b) shall apply accordingly.
Art 10(3) Where no proprietor has his/her
residence or a place of business in a participating Member State for the purposes of paragraphs 1 or 2, the European patent with unitary Where no proprietor has his/her
residence or a place of business in a participating Member State for the purposes of paragraphs 1 or 2, the European patent with unitary Where no proprietor has his/her
residence, principal place of business or place of business in a participating Member State for the purposes of paragraphs 1 or 2, the EP position
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC. effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC. European patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.
Art 10(4) The acquisition of a right may not be dependent on any entry in a national patent register. The acquisition of a right may not be dependent on any entry in a national patent register. The acquisition of a right may not be dependent on any entry in a
national patent register. -
Article 11 Article 11 Article 11
Licenses of right Licenses of right Licenses of right
Art 11(1) The proprietor of a European patent with unitary effect may file a statement with the European Patent Office that he/she is prepared to allow any person to use the invention as a licensee in return for appropriate compensation. The proprietor of a European patent with unitary effect may file a statement with the European Patent Office that he/she is prepared to allow any person to use the invention as a licensee in return for appropriate compensation. The proprietor of a European patent with unitary effect may file a statement with the European Patent Office that he/she is prepared to allow any person to use the invention as a licensee in return for appropriate compensation.
Art 11(2) A license obtained under this Regulation shall be treated as a contractual license. A license obtained under this Regulation shall be treated as a contractual license. A license obtained under this Regulation shall be treated as a contractual license.
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Am. 20 - Chapter IV Institutional Chapter IV Institutional Chapter IV Institutional Council position
provisions provisions provisions
Article 12 Article 12 Article 12
Implementation by the Implementation by the Tasks given to the European
participating Member States participating Member States Patent Office
Art 12(1) The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the internal rules of the European Patent
Office: The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the internal rules of the European Patent
Office: The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the internal rules of the European Patent
Office:
introd.
phrase
Art 12(1) the administration of requests for unitary effect by proprietors of European patents; the administration of requests for unitary effect by proprietors of European patents; the administration of requests for unitary effect by proprietors of European patents;
point a
Art
12(1)
point b the inclusion and administration of a Register for unitary patent
protection registering unitary effect as well as any limitation, license, transfer, revocation or lapse of a European patent with unitary effect, within the European Patent Register ; the inclusion and administration of a Register for unitary patent
protection registering unitary effect as well as any limitation, license, transfer, revocation or lapse of a European patent with unitary effect, within the European Patent Register ; the inclusion within the European Patent Register and
the administration of the Register for unitary patent protection; EP position
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Art 12(1) receiving and registering statements on licensing referred to in Article 11, their withdrawal and licensing commitments undertaken in international standardisation bodies; receiving and registering statements on licensing referred to in Article 11, their withdrawal and licensing commitments undertaken in international standardisation bodies; receiving and registering statements on licensing referred to in Article 11, their withdrawal and licensing commitments undertaken in international standardisation bodies;
point c
Art 12(1) the publication of the translations referred to in Article 6 of Council Regulation .../... [translation arrangements] during the transitional period referred to in that Article; the publication of the translations referred to in Article 6 of Council Regulation .../... [translation arrangements] during the transitional period referred to in that Article; the publication of the translations referred to in Article 6 of Council Regulation .../... [translation arrangements] during the transitional period referred to in that Article;
point d
Art 12(1) the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the
year in which the Register referred to in point b) mentions
their grant ; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the
year in which the Register referred to in point b) mentions
their grant ; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the
year in which the European Patent Register mentions the grant of such a patent ; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and Compromise proposal:
the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the
year in which the Register referred to in Article 2 (da) mentions their grant ; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States;
and
point e
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Commission proposal Council general approach Parliament draft report Compromise proposals
Art 12(1) the administration of a compensation scheme of translation costs for applicants filing European patent applications in one of the official languages of the Union that is not an official language of the European Patent Office. the administration of a compensation scheme of translation costs for applicants filing European patent applications in one of the official languages of the Union that is not an official language of the European Patent Office. the administration of a compensation scheme of translation costs for applicants filing European patent applications in one of the official languages of the Union that is not an official language of the European Patent Office.
poin f
Art
12(1) - ensuring that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin; - Council position
point g
Art
12(1) - ensuring that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for
in Article 6 of Council Regulation .../... [translation arrangements], has been submitted together with the translations referred to in that Article and that the European Patent Office is informed of - Compromise proposal:
ensuring that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation .../... [translation arrangements], has been submitted together with the translations referred to in that Article and that the European Patent Office is informed of any
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
limitations and revocations of European patents with unitary effect. limitations, licenses, transfers and revocations of European patents with unitary effect.
Art 12(1) second subpar. For the purposes of point a), the participating Member States shall
ensure that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin. - For the purposes of point a) of the
first subparagraph , the participating Member States shall ensure that requests for unitary effect for a European patent are
filed by the patent proprietor in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after
the mention of the grant of the European patent is published in the European Patent Bulletin. Council position
Am. 23
Art 12(1), third subpar. For the purposes of point b), the participating Member States shall ensure that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council For the purposes of point b) of the first subparagraph , the participating Member States shall ensure that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation .../... [translation arrangements], has been submitted together with the translations referred to in that
Article.
Council position
Am. 24
Regulation .../...
[translation arrangements], has been submitted together with the translations referred to in that Article; and that the European Patent Office is informed of
limitations and revocations of
Member States shall ensure that
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
European patents with unitary effect. the European Patent Office is
informed of any limitations, license, transfer, revocations or lapse of a European patent with unitary effect.
Art
12(2) In their capacity as Contracting
States Member States shall ensure compliance with the provisions of this Regulation in implementing their international obligations undertaken in the EPC and shall cooperate amongst themselves to that end. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office and shall ensure the setting of the level of renewal fees in accordance with Article 15 and the setting of the share of distribution of the renewal fees in accordance with Article 16. deleted Council position
to the EPC, the
Am. 25 participating Member States
shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European
Patent Organisation
within the meaning of Article 145
of the EPC.
To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC.
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Art 12(3) The participating Member States shall ensure effective legal protection before a national court against the decisions of the European Patent Office in carrying out the tasks referred to
in paragraph 1. The participating Member States shall ensure effective legal protection before the competent court against the decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1. The participating Member States shall ensure effective legal protection before the competent court against the decisions of the European Patent Office in carrying out the tasks referred to
in paragraph 1.
-
-Article 12a Article 12a EP position
Select committee Select Committee of the
Administrative Council
Art 12a - deleted 1. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 12 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. Council position
Am. 26
2. The participating Member States in the framework of the Select Committee shall:
a) set the conditions of entrusting the European Patent Office to carry out the tasks referred to in
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Article 12(1);
b) ensure that requests by the patent proprietor for unitary effect are submitted in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin;
c) ensure that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for
in Article 6 of Council Regulation .../... [translation arrangements], has been submitted together with the translations referred to in that Article; and that the European Patent Office is informed of limitations of European patents with unitary effect on the basis of Article 138(3) of the EPC;
d) set the level of the renewal fees in accordance with Article
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
e) set the share of distribution of the renewal fees in accordance with Article 16.
3. The Select Committee of the Administrative Council shall consist of the representatives of the Member States participating in enhanced cooperation and a representative of the Commission, as well as alternates who will represent them in their absence. The members of the Select Committee may be assisted by advisers or by
experts.
4. Decisions of the Select Committee of the Administrative Council shall be taken with due regard for the position of the Commission and in accordance with the rules set out in Article 35(2) of the EPC. -
Chapter V Financial provisions Chapter V Financial provisions Chapter V Financial provisions
Article 13 Article 13 Article 13
Principle Principle Principle
Art 13 The expenses incurred by the European Patent Office in carrying out the additional tasks given, within the meaning of The expenses incurred by the European Patent Office in carrying out the additional tasks given, within the meaning of The expenses incurred by the European Patent Office in carrying out the additional tasks given, within the meaning of
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Article 143 of the EPC, by Member States to the European Patent Office shall be covered by the fees generated by the European patents with unitary effect. Article 143 of the EPC, by Member States to the European Patent Office shall be covered by the fees generated by the European patents with unitary effect. Article 143 of the EPC, by Member States to the European Patent Office shall be covered by the fees generated by the European patents with unitary
effect. -
Article 14 Article 14 Article 14
Renewal fees Renewal fees Renewal fees
Art 14(1) Renewal fees and additional fees for the late payment of renewal fees for European patents with unitary effect shall be paid to the European Patent Organisation by the patent proprietor. Those fees shall be due in respect of the years following the year in which the European Patent Register mentions the grant of the European patent which benefits from unitary effect by virtue of this Regulation. Renewal fees and additional fees for the late payment of renewal fees for European patents with unitary effect shall be paid to the European Patent Organisation by the patent proprietor. Those fees shall be due in respect of the years following the year in which the European Patent Register mentions the grant of the European patent which benefits from unitary effect by virtue of this Regulation. Renewal fees and additional fees for the late payment of renewal fees for European patents with unitary effect shall be paid to the European Patent Organisation by the patent proprietor. Those fees shall be due in respect of the years following the year in which the European Patent Register mentions the grant of the European patent which benefits from unitary effect by virtue of this Regulation.
Art 14(2) A European patent with unitary effect shall lapse if a renewal fee and, where applicable, any additional fee have not been paid in due time. A European patent with unitary effect shall lapse if a renewal fee and, where applicable, any additional fee have not been paid in due time. A European patent with unitary effect shall lapse if a renewal fee and, where applicable, any
additional fee for late payment of a renewal fee have not been paid in due time. Council position
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Art 14(3) In the case of Article 11(1), renewal fees for the patent which fall due after receipt of the statement shall be reduced. In the case of Article 11(1), renewal fees for the patent which fall due after receipt of the statement shall be reduced. In the case of Article 11(1), renewal fees for the patent which fall due after receipt of the statement shall be reduced. -
Article 15 Article 15 Article 15
Level of renewal fees Level of renewal fees Level of renewal fees
Art 15(1) Renewal fees for European patents with unitary effect shall
be: Renewal fees for European patents with unitary effect shall
be: Renewal fees for European patents with unitary effect shall
be:
introd.
phrase
Art 15(1) progressive throughout the term of the unitary patent protection, and progressive throughout the term of the unitary patent protection, and progressive throughout the term of the unitary patent protection, and
point a
Art 15(1) sufficient not only to cover all costs associated with the grant of the European patent and the administration of the unitary patent protection but also, sufficient not only to cover all costs associated with the grant of the European patent and the administration of the unitary patent protection but also, sufficient not only to cover all costs associated with the grant of the European patent and the administration of the unitary patent protection but also,
point b
Art 15(1) sufficient together with the fees to be paid to the European Patent Organisation during the pre-grant stage, to ensure a balanced budget
of the European Patent Organisation. sufficient together with the fees to be paid to the European Patent Organisation during the pre-grant stage, to ensure a balanced budget
of the European Patent Organisation. sufficient together with the fees to be paid to the European Patent Organisation during the pre-grant stage, to ensure a balanced budget
of the European Patent Organisation.
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Commission proposal Council general approach Parliament draft report Compromise proposals
Art 15(2) The level of the renewal fees shall be fixed with the aim of The level of the renewal fees shall be fixed with the aim of The level of the renewal fees shall be fixed with the aim of The level of the renewal fees and, if appropriate, a rebate for specific entities such as small and medium sized enterprises,
shall be fixed with the aim of
introd.
phrase
Art 15(2) facilitating innovation and fostering the competitiveness of European businesses, facilitating innovation and fostering the competitiveness of European businesses, facilitating innovation and fostering the competitiveness of European businesses,
point a
Art 15(2) reflecting the size of the market covered by the patent and reflecting the size of the market covered by the patent and reflecting the size of the market covered by the patent and
point b
Art
15(2) - - taking into account the specific situation of small and medium- sized enterprises in the form of lower fees, Council position
point ba
Am. 28
Art 15(2) being similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed
by the Commission . being similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed. being similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed. Council/EP position
point c
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Commission proposal Council general approach Parliament draft report Compromise proposals
Art
15(3) In order to reach these objectives set out in this Chapter, the
Commission shall set the level of renewal fees at a level that In order to reach these objectives set out in this Chapter, the level of
renewal fees shall be set a level that In order to reach the objectives set out in this Chapter, the Select
Committee shall, taking due account of the position of the Commission, set the level of renewal fees at a level that: Council position
introd.
phrase
Am. 30
Art 15(3) is equivalent to the level of renewal fee to be paid for the average geographical coverage of current European patents, is equivalent to the level of renewal fee to be paid for the average geographical coverage of current European patents, is equivalent to the level of renewal fee to be paid for the average geographical coverage of current European patents,
point a
Art 15(3) reflects the renewal rate of current European patents, and reflects the renewal rate of current European patents, and reflects the renewal rate of current European patents, and
point b
Art 15(3) the number of requests for unitary protection. the number of requests for unitary protection. the number of requests for unitary protection.
point c
Art 15(4) The Commission shall be empowered to adopt delegated acts in accordance with paragraphs 1-3 and Article 17 concerning the fixing of the level of the renewal fees for European patents with unitary effect. deleted deleted deleted
Am. 31 -
Article 16 Article 16 Article 16
Distribution Distribution Distribution
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Art
16(1) The part of the collected renewal fees to be distributed to the participating Member States referred to in Article 12(1)(e) shall be 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect minus the costs associated with the administration of the unitary patent protection referred to in
Article 12. The European Patent Office shall retain 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect. The remaining amount shall be distributed to the participating Member States in accordance with the share of distribution of the renewal fees set in accordance with Article 12(2). The part of the collected renewal fees to be distributed to the participating Member States referred to in Article 12(1)(e) shall be 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect minus the costs associated with the administration of the unitary patent protection referred to in Article 12. Council position
Art
16(2) In order to reach these objectives set out in this Chapter, the Commission shall set the share of distribution of renewal fees
referred to in paragraph 1 among the participating Member States
on the basis of the following fair, equitable and relevant criteria: In order to reach these objectives set out in this Chapter, the share of distribution of renewal fees
referred to in paragraph 1 among the participating Member States
shall be set on the basis of the following fair, equitable and
relevant criteria: In order to reach the objectives set out in this Chapter, the share of distribution of renewal fees among the participating Member
States shall be based on the following fair, equitable and
relevant criteria: EP text
introd.
phrase
Am. 32
Art 16(2) the number of patent applications, the number of patent applications, the number of patent applications,
point a
Art 16(2) the size of the market expressed in the number of population , the size of the market, while ensuring a minimum amount to
be distributed to each participating Member State, the size of the market, while ensuring a minimum amount to
be distributed to each participating Member State , Council/EP position
point b
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Art 16(2) provision of compensation to Member States for having an official language other than one of the official languages of the
European Patent Office, having a disproportionately low level of
patenting activity and having acquired membership of the European Patent Organisation relatively recently. provision of compensation to Member States for having an official language other than one of the official languages of the
European Patent Office, and/or having a disproportionately low level of patenting activity and/or
having acquired membership of the European Patent Organisation relatively recently. provision of compensation to Member States for having an official language other than one of the official languages of the
European Patent Office and/or having a disproportionately low level of patenting activity and/or having acquired membership of the European Patent Organisation relatively recently. Council/EP position
point c
Am. 34
Art 16(3) The participating Member States shall use the amount allocated to them in accordance with paragraph 1 to patent-related
purposes. deleted deleted deleted
Am. 35
Art 16(4) The Commission shall be empowered to adopt delegated acts in accordance with paragraphs 1-3 and Article 17 concerning the setting of the distribution of renewal fees between the participating Member
States. deleted deleted deleted
Am. 36 -
Article 17 deleted deleted deleted
Excersise of delegation
Art 17 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this deleted deleted deleted
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Commission proposal Council general approach Parliament draft report Compromise proposals
Article.
-
2.The delegation of power referred to in Articles 15 and 16 shall be conferred for an indeterminate period of time from the [date of entry into force of this Regulation].
-
3.The delegation of powers referred to in Articles 15 and 16 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
-
4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European
Parliament or the Council. -
Chapter VI Final provisions Chapter VI Final provisions Chapter VI Final provisions
Article 18 Article 18 Article 18
Cooperation between the Cooperation between the Cooperation between the
Commission and the European Commission and the European Commission and the European
Patent Office Patent Office Patent Office
Art 18 The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation. The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation. The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation.
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals -
Article 19 Article 19 Article 19
Application of competition law Application of competition law Application of competition law
and the law relating to unfair and the law relating to unfair and the law relating to unfair
competition competition competition
Art 19 This Regulation is without prejudice to the application of competition law and the law relating to unfair competition. This Regulation is without prejudice to the application of competition law and the law relating to unfair competition. This Regulation is without prejudice to the application of competition law and the law relating to unfair competition. -
Article 20 Article 20 Article 20
Report on the operation of this Report on the operation of this Report on the operation of this
Regulation Regulation Regulation
Art
20(1) Not later than six years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission
every six years. Not later than six years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission
every six years. Not later than three years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall
present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports
on the operation of this Regulation shall be presented by
the Commission every five years. EP position
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION -
Commission proposal Council general approach Parliament draft report Compromise proposals
Art 20(2) The Commission shall submit
reports regularly on the functioning of the renewal fees referred to in Article 14 with particular emphasis on the continued compliance with the principles set out in Article 15. The Commission shall submit
reports regularly on the functioning of the renewal fees referred to in Article 14 with particular emphasis on the continued compliance with the principles set out in Article 15. The Commission shall regularly
submit to the European Parliament and the Council
reports on the functioning of the renewal fees referred to in Article 14 with particular emphasis on the continued compliance with the principles set out in Article 15. EP position
Am. 39 -
Article 21 Article 21 Article 21
otification by the participating otification by the participating otification by the participating
Member States Member States Member States
Art 21 The participating Member States shall notify the Commission of the measures adopted in accordance with Articles 4(2) and
12 by the date set in Article 22(2). The participating Member States shall notify the Commission of the measures adopted in accordance with Articles 4(2) and
12 by the date set in Article 22(2). The participating Member States shall notify the Commission of the measures adopted in accordance with Articles 4(2), 12
and 12a by the date set in Article 22(2). Council position
Am. 40 -
Article 22 Article 22 Article 22
Entry into force and application Entry into force and application Entry into force and application
Art 22(1) This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
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Art
22(2) It shall apply from [a specific date will be set and it will coincide with the date of application of Council
Regulation .../... on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation
arrangements] . It shall apply from [a specific date will be set and it will coincide with the date of application of Council
Regulation .../... on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation
arrangements] or the date of the entry into force of the instrument creating a unified patent litigation system and the setting up of such a system, whichever is the later. It shall apply once: Council position
Am. 41 (a) Regulation .../... on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation
arrangements has become applicable, and
(b) a minimum of nine contracting Member States, including the three Member States in which the highest number of European patents was in force in the year preceding the year in which the Diplomatic Conference for the signature of the agreement on the patent litigation system takes place, have ratified that agreement .
Art 22(3) The participating Member States shall ensure that the rules referred to in Articles 4(2) and 12 are in place prior to or on the date set in paragraph 2. The participating Member States shall ensure that the rules referred to in Articles 4(2) and 12 are in place prior to or on the date set in
paragraph 2. deleted Council position
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Art
22(3a) - - During a transitional period pending the entry into force of the agreement on the patent litigation system in all contracting Member States, the unitary effect of the European patents shall be limited to those participating Member States in which the agreement on the patent litigation system is in force at the time of registering the unitary effect in accordance with Article 3(1). EP position
Am. 43
Art 22(4) Unitary patent protection may be requested for any European patent granted on or after the date set out
in paragraph 2. Unitary patent protection may be requested for any European patent granted on or after the date set out
in paragraph 2. Unitary patent protection may be requested for any European patent granted on or after the date set out
in paragraph 2 and 3a . EP position
Am. 44
This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties. Done at Brussels, This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties. Done at Brussels, This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties. Done at Brussels,
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REGARD TO THE APPLICABLE TRANSLATION ARRANGEMENTS
ANNEX II -
Commission proposal Council general approach Parliament draft report Compromise proposals
Proposal for a Proposal for a Proposal for a -
COUNCIL REGULATION COUNCIL REGULATION COUNCIL REGULATION -
implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements implementing enhanced cooperation implementing enhanced cooperation
in the area of the creation of unitary in the area of the creation of unitary
patent protection with regard to the patent protection with regard to the
applicable translation arrangements applicable translation arrangements -
THE COUNCIL OF THE THE COUNCIL OF THE THE COUNCIL OF THE
EUROPEAN UNION EUROPEAN UNION EUROPEAN UNION
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 118(2) thereof, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 118(2) thereof, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 118(2) thereof,
Having regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protectionHaving regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protectionHaving regard to Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection
4, 6, 8,
4 OJ, L 76, 22.3.2011, p. 53.
5 OJ C , , p. .
6 OJ, L 76, 22.3.2011, p. 53.
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Having regard to the proposal from the European Commission, Having regard to the proposal from the European Commission, Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments, After transmission of the draft legislative act to the national Parliaments, After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European ParliamentHaving regard to the opinion of the European ParliamentHaving regard to the opinion of the European Parliament
5, 7, 9,
Acting in accordance with a special legislative procedure, Acting in accordance with a special legislative procedure,Acting in accordance with a special legislative procedure,
Whereas: Whereas: Whereas:
Rec 1 Pursuant to Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection, Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Greece, France, Ireland, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter "participating Pursuant to Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection, Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Greece, France, Ireland, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter "participating Pursuant to Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection, Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Greece, France, Ireland, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter "participating
8 OJ, L 76, 22.3.2011, p. 53.
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Member States") were authorised to establish enhanced cooperation between themselves in the area of the creation of unitary patent protection. Member States") were authorised to establish enhanced cooperation between themselves in the area of the creation of unitary patent protection. Member States") were authorised to establish enhanced cooperation between themselves in the area of the creation of unitary patent
protection. -
Rec 2 Under Regulation of the European Parliament and of the Council xx/xx implementing enhanced cooperation in the area of the creation of unitary patent protection, certain European patents granted by the European Patent Office under the rules and procedures of the Convention on the Grant of European Patents of 5 October 1973, as amended (hereinafter "EPC") may be given unitary effect in the territories of the participating Member States upon the request of the patent proprietor.Under Regulation of the European Parliament and of the Council xx/xx implementing enhanced cooperation in the area of the creation of unitary patent protection, certain European patents granted by the European Patent Office under the rules and procedures of the Convention on the Grant of European Patents of 5 October 1973, as amended (hereinafter "EPC") may be given unitary effect in the territories of the participating Member States upon the request of the patent proprietor.Under Regulation of the European Parliament and of the Council xx/xx implementing enhanced cooperation in the area of the creation of unitary patent protection, certain European patents granted by the European Patent Office under the rules and procedures of the Convention on the Grant of European Patents of 5 October 1973, as amended (hereinafter "EPC") may be given unitary effect in the territories of the participating Member States upon the request of the patent proprietor.
Rec 3 Translation arrangements for European patents with unitary effect in the territories of the participating Member States (hereinafter "European patent with unitary effect") should be Translation arrangements for European patents with unitary effect in the territories of the participating Member States (hereinafter "European patent with unitary effect") should be Translation arrangements for European patents with unitary effect in the territories of the participating Member States (hereinafter "European patent with unitary effect") should be
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established by a separate Regulation in accordance with Article 118(2) of the Treaty on the Functioning of the European Union (hereinafter "TFEU").established by a separate Regulation in accordance with Article 118(2) of the Treaty on the Functioning of the European Union (hereinafter "TFEU").established by a separate Regulation in accordance with Article 118(2) of the Treaty on the Functioning of the European Union (hereinafter "TFEU").
Rec 4 In accordance with Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection, the translation arrangements for European patents with unitary effect should be simple and cost- effective and correspond to those provided for in the proposal for a Council Regulation on the translation arrangements for the European Union patent, presented by the Commission on 30 June 2010, combined with the elements of compromise proposed by the Presidency in November 2010 that had wide support in the Council.In accordance with Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection, the translation arrangements for European patents with unitary effect should be simple and cost- effective and correspond to those provided for in the proposal for a Council Regulation on the translation arrangements for the European Union patent, presented by the Commission on 30 June 2010, combined with the elements of compromise proposed by the Presidency in November 2010 that had wide support in the Council.In accordance with Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection, the translation arrangements for European patents with unitary effect should be simple and cost- effective and correspond to those provided for in the proposal for a Council Regulation on the translation arrangements for the European Union patent, presented by the Commission on 30 June 2010, combined with the elements of compromise proposed by the Presidency in November 2010 that had wide support in the Council.
Rec 5 Translation arrangements applicable to European patents with unitary effect that are cost- effective, simplified and ensure Translation arrangements applicable to European patents with unitary effect that are cost- effective, simplified and ensure Translation arrangements applicable to European patents with unitary effect that are cost- effective, simplified and ensure
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legal certainty should stimulate innovation and should, in particular, benefit small and medium-sized enterprises. Such translation arrangements should make access to the European patent with unitary effect and to the patent system as a whole easier, less costly and less risky.legal certainty should stimulate innovation and should, in particular, benefit small and medium-sized enterprises. Such translation arrangements should make access to the European patent with unitary effect and to the patent system as a whole easier, less costly and less risky.legal certainty should stimulate innovation and should, in particular, benefit small and medium-sized enterprises. Such translation arrangements should make access to the European patent with unitary effect and to the patent system as a whole easier, less costly and less risky.
Rec 6 Since the European Patent Office is responsible for the grant of European patents, the translation arrangements for the European patent with unitary effect should be built on the current procedure in the European Patent Office. Those arrangements should aim at achieving the necessary balance between the interests of economic operators and the public interest in terms of the cost of proceedings and the availability of technical information.Since the European Patent Office is responsible for the grant of European patents, the translation arrangements for the European patent with unitary effect should be built on the current procedure in the European Patent Office. Those arrangements should aim at achieving the necessary balance between the interests of economic operators and the public interest in terms of the cost of proceedings and the availability of technical information.Since the European Patent Office is responsible for the grant of European patents, the translation arrangements for the European patent with unitary effect should be built on the current procedure in the European Patent Office. Those arrangements should aim at achieving the necessary balance between the interests of economic
operators, in particular small and medium-sized enterprises, and the public interest in terms of the cost of proceedings and the availability of technical information. Compromise proposal:
Am. 1
Since the European Patent Office is responsible for the grant of European patents, the translation arrangements for the European patent with unitary effect should be built on the current procedure in the European Patent Office. Those arrangements should aim at achieving the necessary balance between the interests of economic
operators, in particular small and medium-sized enterprises, natural persons and non-profit organisations, and the public interest in terms of the cost of proceedings and the availability of technical information.
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Rec 7 Without prejudice to certain transitional arrangements, where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations should be required. Article 14(6) of the EPC provides that the specification of a European patent is published in the language of the proceedings before the European Patent Office and includes a translation of the claims into the other two official languages of the European Patent Office.Without prejudice to certain transitional arrangements, where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations should be required. Article 14(6) of the EPC provides that the specification of a European patent is published in the language of the proceedings before the European Patent Office and includes a translation of the claims into the other two official languages of the European Patent Office.Without prejudice to certain transitional arrangements, where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations should be required. Article 14(6) of the EPC provides that the specification of a European patent is published in the language of the proceedings before the European Patent Office and includes a translation of the claims into the other two official languages of the European Patent
Office.
Rec 8 In the case of a dispute concerning a European patent with unitary effect, it is a legitimate requirement that the patent proprietor should provide a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. The patent proprietor In the case of a dispute concerning a European patent with unitary effect, it is a legitimate requirement that the patent proprietor should provide a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. The patent proprietor In the case of a dispute concerning a European patent with unitary effect, it is a legitimate requirement that the patent proprietor should provide a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. The patent proprietor
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should also be required to provide, at the request of a court competent in the territory of the participating Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language of proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor. In the case of a dispute concerning a claim for damages the court hearing the dispute should take into consideration that, before having been provided with a translation in his own language, the alleged infringer may have acted in good faith and may have not known or had reasonable grounds to know that he was infringing the patent. The competent court should assess the circumstances of the individual case and inter alia should take into account whether the alleged infringer is a small and should also be required to provide, at the request of a court competent in the territory of the participating Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language of proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor. In the case of a dispute concerning a claim for damages the court hearing the dispute should take into consideration that, before having been provided with a translation in his own language, the alleged infringer may have acted in good faith and may have not known or had reasonable grounds to know that he was infringing the patent. The competent court should assess the circumstances of the individual case and inter alia should take into account whether the alleged infringer is a small and should also be required to provide, at the request of a court competent in the territory of the participating Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language of proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor. In the case of a dispute concerning a claim for damages the court hearing the dispute should take into consideration that, before having been provided with a translation in his own language, the alleged infringer may have acted in good faith and may have not known or had reasonable grounds to know that he was infringing the patent. The competent court should assess the circumstances of the individual case and inter alia should take into account whether the alleged infringer is a small and
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medium-sized enterprise operating only at local level, the language of the proceedings before the European Patent Office and, during the transitional period, the translation submitted together with the request for unitary effect.medium-sized enterprise operating only at local level, the language of the proceedings before the European Patent Office and, during the transitional period, the translation submitted together with the request for unitary effect.medium-sized enterprise operating only at local level, the language of the proceedings before the European Patent Office and, during the transitional period, the translation submitted together with the request for unitary effect.
Rec 9 In order to facilitate access to European patents with unitary effect, in particular for small and medium-size enterprises, applicants who do not have a language in common with one of the official languages of the European Patent Office should be able to file their patent applications at the European Patent Office in any other official language of the Union. As a
complementary measure, for applicants obtaining European patents with unitary effect and having their residence or principal place of business within a Member State of the Union which has as an official language a language other than one of the official languages of the European Patent Office, a system of In order to facilitate access to European patents with unitary effect, in particular for small and medium-size enterprises, applicants who do not have a language in common with one of the official languages of the European Patent Office should be able to file their patent applications at the European Patent Office in any other official language of the Union. As a
complementary measure, for applicants obtaining European patents with unitary effect and having their residence or principal place of business within a Member State of the Union which has as an official language a language other than one of the official languages of the European Patent Office, a system of In order to facilitate access to European patents with unitary effect, in particular for small and
medium-sized enterprises, applicants who do not have a language in common with one of the official languages of the European Patent Office should be able to file their patent applications at the European Patent Office in any other official language of the Union. As a
complementary measure, small and medium-sized enterprises, natural persons and non-profit organisations obtaining European patents with unitary effect and having their residence or principal place of business within a Member State of the Union which has as an official language a language other than one of the EP position
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additional reimbursements of the costs related to the translation from that language into the language of the proceedings of the European Patent Office, beyond what is currently already in place at the European Patent Office, should be administered by the European Patent Office in accordance with Article 12 of Regulation xx/xx [substantive provisions]. additional reimbursements of the costs related to the translation from that language into the language of the proceedings of the European Patent Office, beyond what is currently already in place at the European Patent Office, should be administered by the European Patent Office in accordance with Article 12 of Regulation xx/xx [substantive provisions]. official languages of the European
Patent Office should benefit from
a system of additional reimbursements of the costs related to the translation from that language into the language of the proceedings of the European Patent Office, beyond what is currently already in place at the
European Patent Office. The system of additional reimbursements should be administered by the European Patent Office in accordance with Article 12 of Regulation xx/xx [substantive provisions].
Rec 9a - - The modalities and the level of reimbursement of the additional translation costs should be conceived in a way which, in principle, ensures full compensation of the translation costs; a ceiling per page is necessary in order to reflect the normal average market price for translation and to avoid abuse. EP position
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Rec 10 In order to promote the availability of patent information and the dissemination of technological knowledge, machine translations of patent applications and specifications into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the European Patent Office and are a very important tool seeking to improve access to patent information and to disseminate widely the technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official languages of the Union would benefit all the users of the European patent system. Machine translations are a key feature of European Union policy. Such machine translations should serve for information purposes only and should not have any legal effect.In order to promote the availability of patent information and the dissemination of technological knowledge, machine translations of patent applications and specifications into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the European Patent Office and are a very important tool seeking to improve access to patent information and to disseminate widely the technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official languages of the Union would benefit all the users of the European patent system. Machine translations are a key feature of European Union policy. Such machine translations should serve for information purposes only and should not have any legal effect.In order to promote the availability of patent information and the dissemination of technological knowledge, machine translations of patent applications and specifications into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the European Patent Office and are a very important tool seeking to improve access to patent information and to disseminate widely the technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official languages of the Union would benefit all the users of the European patent system. Machine translations are a key feature of European Union policy. Such machine translations should serve for information purposes only and should not have any legal effect.
They should be made available EP position
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online and free of charge on publication of the patent application and of the granted patent.
Rec 11 During a transitional period, before a system of high quality machine translations into all official languages of the Union becomes available, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be accompanied by a full translation of the specification of the patent into English where the language of the proceedings before the European Patent Office is French or German, or into any official
language of the participating Member States that is an official language of the Union where the language of the proceedings before the European Patent Office is English. Those arrangements would ensure that during a transitional period all European patents with unitary effect are made available in English which is the language customary in the During a transitional period, before a system of high quality machine translations into all official languages of the Union becomes available, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be accompanied by a full translation of the specification of the patent into English where the language of the proceedings before the European Patent Office is French or German, or into any official
language of the Member States that is an official language of the Union where the language of the proceedings before the European Patent Office is English. Those arrangements would ensure that during a transitional period all European patents with unitary effect are made available in English which is the language customary in the field of During a transitional period, before a system of high quality machine translations into all official languages of the Union becomes available, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be accompanied by a full translation of the specification of the patent into English where the language of the proceedings before the European Patent Office is French or German, or into any official
language of the participating Member States that is an official language of the Union where the language of the proceedings before the European Patent Office is English. Those arrangements would ensure that during a transitional period all European patents with unitary effect are made available in English which is the language customary in the Compromise proposal:
Am. 5 During a transitional period, before a system of high quality machine translations into all official languages of the Union becomes available, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be accompanied by a full translation of the specification of the patent into English where the language of the proceedings before the European Patent Office is French or German, or into any official
language of the Member States that is an official language of the Union where the language of the proceedings before the European Patent Office is English. Those arrangements would ensure that during a transitional period all European patents with unitary effect are made available in
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field of international technological research and publications. Furthermore, they would ensure that with respect to European patents with unitary effect translations would be published in other official languages of the participating
Member States. Such translations should not be carried out by automated means and their high quality should contribute to the training of translation engines by the European Patent Office. They would also enhance the dissemination of patent
information. The transitional period should terminate as soon
as high quality machine translations into all official language of the Union are available, subject to an objective evaluation of the quality. The quality of machine translations should be regularly and objectively evaluated by an independent expert committee established by the participating Member States in the framework international technological research and publications. field of international technological research and publications. Furthermore, they would ensure that with respect to European patents with unitary effect translations would be published in other official languages of the participating
Member States. In addition, the high quality of those translations should contribute to the training and development of translation engines by the European Patent Office. They would also enhance the dissemination of patent
information. Such translations should not be carried out by automated means and should serve for information purposes only. English which is the language customary in the field of international technological research and publications.
Furthermore, they would ensure that with respect to European patents with unitary effect translations would be published in other official languages of the
participating Member States. Such translations should not be carried out by automated means and their high quality should contribute to the training of translation engines by the European Patent Office. They would also enhance the dissemination of patent
information. The transitional period should terminate as soon
as high quality machine translations into all official language of the Union are available, subject to an objective evaluation of the quality. The quality of machine translations should be regularly and objectively evaluated by an independent expert committee
Furthermore, they would ensure that with respect to European patents with unitary effect translations would be published in other official languages of the
participating Member States. In addition, the high quality of those translations should contribute to the training and development of translation engines by the European Patent Office. They would also enhance the dissemination of patent
information. Such translations should not be carried out by automated means and should serve for information purposes only. The transitional period should terminate as soon as high quality machine translations into all official language of the Union are available, subject to an objective evaluation of the
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of the European Patent Organisation and composed of the representatives of the European Patent Office and the users of the European patent system. Given the technological development, the maximum period for the development of high quality machine translations cannot be considered to exceed 12 years. Consequently, the transitional period should lapse 12 years from the date of application of this Regulation, unless it has been decided to terminate that
period earlier. established by the participating Member States in the framework
of the European Patent Organisation and composed of the representatives of the European Patent Office and the users of the European patent system. Given the technological development, the maximum period for the development of high quality machine translations cannot be considered to exceed 12 years. Consequently, the transitional period should lapse 12 years from the date of application of this Regulation, unless it has been decided to terminate that
period earlier. quality. The quality of machine translations should be regularly and objectively evaluated by an independent expert committee established by the participating Member States in the framework
of the European Patent Organisation and composed of the representatives of the European Patent Office and the users of the European patent system. Given the technological development, the maximum period for the development of high quality machine translations cannot be considered to exceed 12 years. Consequently, the transitional period should lapse 12 years from the date of application of this Regulation, unless it has been decided to terminate that period earlier.
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Rec 11a - - The transitional period should terminate as soon as high quality machine translations into all official languages of the Union are available, subject to an objective evaluation of their quality. The quality of machine translations should be regularly and objectively evaluated by an independent expert committee established by the participating Member States in the framework
of the European Patent Organisation and composed of the representatives of the European Patent Office, the national patent offices and the users of the European patent system. Given the technological development, the maximum period for the development of high quality machine translations is considered unlikely to exceed 12 years. Consequently, the transitional period should lapse 12 years from the date of application of this Regulation, unless it has been decided that that period Council position
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should terminate earlier or that it should be extended on the basis of a proposal of the Commission following an evaluation carried out by the independent expert
committee.
Rec 11b - - After the end of the transitional period, the European Patent Office should continue to publish an additional translation into English of the specification of the European patent provided voluntarily by the applicant. This would provide further international publicity and limit the possibility of an infringer arguing that it had acted in good faith. Council position
Am. 7
Rec 12 Since the substantive provisions applicable to a European patent with unitary effect are governed
by Regulation xx/xx implementing enhanced cooperation in the area of the creation of unitary patent protection and are completed by the translation arrangements provided for in this Regulation, Since the substantive provisions applicable to a European patent with unitary effect are governed
by Regulation xx/xx implementing enhanced cooperation in the area of the creation of unitary patent protection and are completed by the translation arrangements provided for in this Regulation, Since the substantive provisions applicable to a European patent with unitary effect are governed
by Regulation xx/xx implementing enhanced cooperation in the area of the creation of unitary patent protection and are completed by the translation arrangements provided for in this Regulation,
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this Regulation should apply on the same date as Regulation xx/xx
[substantive provisions] [the date to be determined ].this Regulation should apply on the same date as Regulation xx/xx
[substantive provisions] [the date to be determined ].this Regulation should apply on the same date as Regulation xx/xx
[substantive provisions] [the date to be determined ].
Rec 13 This Regulation is without This Regulation is without This Regulation is without prejudice to the rules governing the languages of the Institutions of the Union established in accordance with Article 342 TFEU and to Council Regulation 1/1958 determining the languages to be used by the European Economic Community. This Regulation is based on the linguistic regime of the European Patent Office and should not be considered as creating a specific linguistic regime for the Union, or as creating a precedent for a limited language regime in any future legal instrument of the Union.
prejudice to the rules governing the languages of the Institutions of the Union established in accordance with Article 342 TFEU and to Council Regulation 1/1958 determining the languages to be used by the European Economic Community. This Regulation is based on the linguistic regime of the European Patent Office and should not be considered as creating a specific linguistic regime for the Union, or as creating a precedent for a limited language regime in any future legal instrument of the Union.prejudice to the rules governing the languages of the Institutions of the Union established in accordance with Article 342 TFEU and to Council Regulation 1/1958 determining the languages to be used by the European Economic Community. This Regulation is based on the linguistic regime of the European Patent Office and should not be considered as creating a specific linguistic regime for the Union, or as creating a precedent for a limited language regime in any future legal instrument of the
ENHANCED COOPERATION IN THE AREA OF THE CREATION OF UNITARY PATENT PROTECTION WITH
REGARD TO THE APPLICABLE TRANSLATION ARRANGEMENTS -
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Rec 14 In accordance with the principle of In accordance with the principle of In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union, the objective of the action to be taken, namely the creation of a uniform and simplified translation regime for European patents with unitary effect, can be only achieved at European level.
In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.
subsidiarity as set out in Article 5 of the Treaty on European Union, the objective of the action to be taken, namely the creation of a uniform and simplified translation regime for European patents with unitary effect, can be only achieved at European level. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective. subsidiarity as set out in Article 5 of the Treaty on European Union, the objective of the action to be taken, namely the creation of a uniform and simplified translation regime for European patents with unitary effect, can be only achieved at European level. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.
HAS ADOPTED THIS
REGULATION:HAS ADOPTED THIS
REGULATION: HAS ADOPTED THIS
REGULATION: -
Article 1 Article 1 Article 1
Subject matter Subject matter Subject matter
Art 1 This Regulation implements the enhanced cooperation in the area of the creation of unitary patent protection authorised by Council Decision No 2011/167/EU with regard to the applicable translation arrangements.This Regulation implements the enhanced cooperation in the area of the creation of unitary patent protection authorised by Council Decision No 2011/167/EU with regard to the applicable translation arrangements.1. This Regulation implements the enhanced cooperation in the area of the creation of unitary patent protection authorised by Council Decision No 2011/167/EU with regard to the applicable
translation arrangements. It EP text
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regulates the translation arrangements applicable to European patents to the extent that they have unitary effect.
2. This Regulation is without prejudice to the rules governing the languages of the institutions of the Union established in accordance with Article 342 of the Treaty on the Functioning of the European Union and to Council Regulation 1/1958.
3. This Regulation is based on the linguistic regime of the European Patent Office and should not be regarded as creating a specific linguistic regime for the Union, or as creating a precedent for a limited language regime in any future legal instrument of the Union. -
Article 2 Article 2 Article 2
Definitions Definitions Definitions
Art 2 For the purposes of this Regulation, For the purposes of this Regulation, For the purposes of this Regulation,
introd. the following definitions shall
apply:the following definitions shall
apply:the following definitions shall
apply:
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Art 2 point a "European patent with unitary effect" means a European patent which benefits from unitary effect
in the territories of the participating Member States by virtue of Regulation xx/xx [substantive provisions];"European patent with unitary effect" means a European patent which benefits from unitary effect
in the territories of the participating Member States by virtue of Regulation xx/xx [substantive provisions];"European patent with unitary effect" means a European patent which benefits from unitary effect
in the territories of the participating Member States by virtue of Regulation xx/xx [substantive provisions];
Art 2 point b "Specification of the European patent" means a specification of the European patent as defined in Rule 73 of the Implementing Regulations of the Convention on the Grant of European Patents of 5 October 1973, as amended (hereinafter "EPC"); "Specification of the European patent" means a specification of the European patent as defined in Rule 73 of the Implementing Regulations of the Convention on the Grant of European Patents of 5 October 1973, as amended (hereinafter "EPC"); "Specification of the European patent" means a specification of the European patent as defined in Rule 73 of the Implementing Regulations of the Convention on the Grant of European Patents of 5 October 1973, as amended (hereinafter "EPC");
Art 2 point c "Language of the proceedings"
means the language in the proceedings before the European Patent Office as defined in Article 14(3) of the EPC "Language of the proceedings"
means the language in the proceedings before the European Patent Office as defined in Article 14(3) of the EPC "Language of the proceedings"
means the language in the proceedings before the European Patent Office as defined in Article 14(3) of the EPC
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Article 3 Article 3 Article 3
Translation arrangements for the Translation arrangements for the Translation arrangements for the
European patent with unitary European patent with unitary European patent with unitary
effect effect effect
Art 3(1) Without prejudice to Articles 4 and 6 of this Regulation, where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations are required. Without prejudice to Articles 4 and 6 of this Regulation, where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations are required. Without prejudice to Articles 4 and 6 of this Regulation, where the specification of a European patent with unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations are required.
Art 3(2) A request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted in the language of the proceedings. A request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted in the language of the proceedings. A request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted in the language of the proceedings.
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Art
3(2a) - - Once available, the machine translations of patent applications and specifications into all languages of the Union as referred to in Article 6(3) shall be made available online and free of charge on publication of the patent application and of the granted patent. Compromise proposal:
Am. 9 Once available, the machine translations of patent applications and specifications into all languages of the Union shall be made available online and free of charge on publication of the patent application and of the granted patent
Art
3(2b) - - After the end of the transitional period referred to in Article 6 and in accordance with Article
12 of Regulation xx/xx [substantive provisions], the participating Member States shall, pursuant to Article 143 of the EPC, give the European Patent Office the task of publishing an additional full translation of the specification into English, if such additional translation has been provided voluntarily by the applicant. Such translation shall not be carried out by automated means. Council position
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Article 4 Article 4 Article 4
Translation in the case of a Translation in the case of a Translation in the case of a
dispute dispute dispute
Art 4(1) In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is
domiciled. Such translation shall not be carried out by automated means. EP position
Am. 11
Art 4(2) In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide in the course of legal proceedings, at the request of a court competent in the territories of the participating Member States for disputes concerning European patents with unitary effect, a full translation of the patent into the language of the In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide in the course of legal proceedings, at the request of a court competent in the territories of the participating Member States for disputes concerning European patents with unitary effect, a full translation of the patent into the language of the In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide in the course of legal proceedings, at the request of a court competent in the territories of the participating Member States for disputes concerning European patents with unitary effect, a full translation of the patent into the language of the EP position
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proceedings of that court. proceedings of that court. proceedings of that court. Such translation shall not be carried out by automated means.
Art 4(3) The cost of the translations referred to in paragraphs 1 and 2 shall be borne by the patent proprietor. The cost of the translations referred to in paragraphs 1 and 2 shall be borne by the patent proprietor. The cost of the translations referred to in paragraphs 1 and 2 shall be borne by the patent proprietor.
Art 4(4) In the case of a dispute concerning a claim for damages, the court hearing the dispute shall take into consideration that the alleged infringer may have acted without knowing or having reasonable grounds to know that he was infringing the patent before having been provided with the translation referred to in paragraph 1. In the case of a dispute concerning a claim for damages, the court hearing the dispute shall take into consideration that the alleged infringer may have acted without knowing or having reasonable grounds to know that he was infringing the patent before having been provided with the translation referred to in paragraph 1. Compromise proposal:
Am. 13
In the case of a dispute concerning a claim for damages, the court hearing the dispute shall take into consideration that the alleged infringer may have acted without knowing or having reasonable grounds to know that he was infringing the patent before having been provided with the translation referred to in
paragraph 1, in particular if the alleged infringer is a small or medium-sized enterprise . In the case of a dispute concerning a claim for damages,
in particular if the alleged infringer is a small or medium- sized enterprise, the court hearing the dispute shall take into consideration that the alleged infringer may have acted without knowing or having reasonable grounds to know that he was infringing the patent before having been provided with the translation referred to in paragraph 1.
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Article 5 Article 5 Article 5
Administration of a compensation Administration of a compensation Administration of a compensation
scheme scheme scheme
Art 5 Given the fact that European patent applications may be filed in any language under Article 14(2)
of the EPC, in accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of administering a compensation scheme of reimbursing all translation costs up to a ceiling, from the fees referred to in Article 13 of that Regulation, for applicants filing patent applications at the European Patent Office in one of the official languages of the Union that is not an official language of the European Patent Office. Given the fact that European patent applications may be filed in any language under Article 14(2)
of the EPC, in accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of administering a compensation scheme of reimbursing all translation costs up to a ceiling, from the fees referred to in Article 13 of that Regulation, for applicants filing patent applications at the European Patent Office in one of the official languages of the Union that is not an official language of the European Patent Office. 1. Given the fact that European patent applications may be filed in any language under Article 14(2)
of the EPC, in accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of administering a compensation scheme of reimbursing all translation costs up to a ceiling, from the fees referred to in Article 13 of that Regulation, for applicants filing patent applications at the European Patent Office in one of the official languages of the Union that is not an official language of the European Patent Office. EP text
Am. 14
2. The compensation scheme referred to in paragraph 1 shall be funded through the fees referred to in Article 13 of
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Regulation xx/xx [substantive provisions] and shall be available only for small and medium-sized enterprises, natural persons and non profit organisations having their residence or principal place of business within a Member State of the Union.
3. The compensation scheme referred to in paragraph 1 shall ensure full compensation of the translation costs up to a ceiling set in such a way as to reflect the average market price for translations and to avoid abuse. -
Article 6 Article 6 Article 6
Transitional measures Transitional measures Transitional measures
Art 6(1) During a transitional period starting on the date of application of this Regulation in accordance with Article 7(2) of this Regulation, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted together with the following: During a transitional period starting on the date of application of this Regulation in accordance with Article 7(2) of this Regulation, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted together with the following: During a transitional period starting on the date of application of this Regulation in accordance with Article 7(2) of this Regulation, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted together with the following:
introd.
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Art 6(1) point a where the language of the proceedings is French or German,
a full translation of the specification of the European patent into English; or where the language of the proceedings is French or German,
a full translation of the specification of the European patent into English; or where the language of the proceedings is French or German,
a full translation of the specification of the European patent into English; or
Art 6(1) point b where the language of the proceedings is English, a full translation of the specification of the European patent into any official language of the participating Member States that is an official language of the Union. where the language of the proceedings is English, a full translation of the specification of the European patent into any official language of the participating Member States that is an official language of the Union. where the language of the proceedings is English, a full translation of the specification of the European patent into any official language of the participating Member States that is an official language of the Union.
Art 6(1)
subpar. - - Such translations shall not be carried out by automated means. Council position
1a
Am. 15
Art 6(2) In accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of publishing the translations referred to in paragraph 1 as soon as possible after the date on which a request In accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of publishing the translations referred to in paragraph 1 as soon as possible after the date on which a request In accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of publishing the translations referred to in paragraph 1 as soon as possible after the date on which a request
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for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] is filed. The text of such translations shall have no legal value and be for information purposes only. for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] is filed. The text of such translations shall have no legal value and be for information purposes only. for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] is filed. The text of such translations shall have no legal value and be for information purposes only.
Art 6(3) Every two years from the sixth year calculated from the date of application of this Regulation, an objective evaluation of the availability of high quality machine translations of patent applications and specifications into all official languages of the Union as developed by the European Patent Office shall be carried out by an independent expert committee. This expert committee shall be established by the participating Member States in the framework of the European Patent Organisation and shall be composed of representatives of the European Patent Office and of the non-governmental organisations representing users of the European patent system invited by the Administrative Council of the European Patent Every two years from the sixth year calculated from the date of application of this Regulation, an objective evaluation of the availability of high quality machine translations of patent applications and specifications into all official languages of the Union as developed by the European Patent Office shall be carried out by an independent expert committee. This expert committee shall be established by the participating Member States in the framework of the European Patent Organisation and shall be composed of representatives of the European Patent Office and of the non-governmental organisations representing users of the European patent system invited by the Administrative Council of the European Patent Every three years from the date of application of this Regulation, an objective evaluation of the availability of high quality machine translations of patent applications and specifications into all official languages of the Union as developed by the European Patent Office shall be carried out by an independent expert committee. This expert committee shall be established by the participating Member States in the framework of the European Patent Organisation and shall be composed of representatives of
the European Patent Office, of the national patent offices and of the non-governmental organisations representing users of the European patent system invited by the Administrative Council of the European Patent Organisation as Council position
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Organisation as observers in accordance with Article 30(3) of the EPC. Organisation as observers in accordance with Article 30(3) of the EPC. observers in accordance with Article 30(3) of the EPC.
Art 6(4) On the basis of the evaluation referred to in paragraph 3, every
two years the Commission shall present a report to the Council and, if appropriate, make proposals for terminating the transitional period. On the basis of the evaluation referred to in paragraph 3, every
two years the Commission shall present a report to the Council and, if appropriate, make proposals for terminating the transitional period. Compromise proposal:
Am. 17
On the basis of the evaluation referred to in paragraph 3, every
three years the Commission shall
present a report to the European Parliament and to the Council and, if appropriate, make
proposals for terminating or extending the transitional period. On the basis of the evaluation referred to in paragraph 3, every
three years the Commission shall
present a report to the European Parliament and to the Council and, if appropriate, make proposals for terminating the transitional period.
Art 6(5) If the transitional period is not terminated on the basis of a proposal of the Commission, it shall lapse 12 years from the date of application of this Regulation. If the transitional period is not terminated on the basis of a proposal of the Commission, it shall lapse 12 years from the date of application of this Regulation. If the transitional period is neither terminated nor extended on the basis of a proposal of the
Commission as referred to in paragraph 4 , it shall lapse 12 years from the date of application of this Regulation. Council position
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Article 7 Article 7 Article 7
Entry into force Entry into force Entry into force
Art 7(1) This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union. This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union. This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
Art 7(2) It shall apply from [a specific date will be set and it will coincide with the date of application of Regulation xx/xx on the implementation of enhanced cooperation in the area of the
creation of unitary patent
protection] . It shall apply from [a specific date will be set and it will coincide with the date of application of Regulation xx/xx on the implementation of enhanced cooperation in the area of the creation of unitary patent
protection] or the date of the entry into force of the instrument creating a unified patent litigation system and the setting up of such a system, whichever is
the later. It shall apply once: Council position
first
(a) Regulation xx/xx on the
subpar. implementation of enhanced cooperation in the area of the creation of unitary patent protection has become
applicable, and
Am. 19
(b) the date on which a minimum of nine contracting Member States, including the three Member States in which the highest number of European patents was in force in the year preceding the year in which the Diplomatic Conference for the signature of the agreement on the patent litigation system takes place, have ratified that agreement.
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Art 7(2) This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties. This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties. This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties.
second subpar.
Done at Brussels, Done at Brussels, Done at Brussels,
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| publicatiedatum | 26-10-2011 |
|---|---|
| kenmerk | 16016/11 |
