The Unitary Patent package – better protection for European innovators
(From ec.europa.eu )
A new agreement has smoothed the way for a truly unitary European patent – it will offer European inventors and innovators the comprehensive cover they need in the Single Market at a fraction of the current cost.
“Growth from innovation is sustainable, emerging from organic development within businesses, rather than being created by expensive fiscal support or incentives from outside”, said Elżbieta Bieńkowska, Commissioner for Internal Market, Enterprises, Entrepreneurship and SMEs. As such, innovation and creativity are key to economic success for companies across the EU. Creating the right framework conditions for innovators is a central part of the European Commission’s work in this area and includes support for research and development initiatives and access to finance for newly founded SMEs. But it doesn’t stop there: once a product has been invented, businesses and individuals need access to a clear and affordable patenting process in order to protect it from counterfeiting and exploitation by third parties. That is where the new Unitary Patent package will come into play.
Though European patents currently offer more extensive and better quality protection for inventions than almost any other patenting systems worldwide, the cost and regulatory burden of applying puts many businesses off – and some of these seek to protect their inventions via American patents instead. The need for a simpler and cheaper procedure has long been evident.
A unitary solution
Innovators wishing to apply for a patent in Europe currently have the option of a national patent (valid in one Member State only), or a “European patent”, which nevertheless has to be applied in each Member State separately – at a high cost. Change is on the horizon, however, in the form of the so-called European unitary patent. In winter 2012/13, the EU introduced a package of regulations and agreements setting up a unitary patent and a centralised jurisdiction dealing with disputes relating to unitary patent but also classical European patents. The agreement is currently being ratified by the 25 Member States in which it will be valid. The unitary patent will exist as a third option alongside the two currently available patenting procedures in the EU, offering more choice for European businesses. Uniform protection for the covered invention will be provided across all 25 countries and the cost of administration – a single payable fee – will be € 5 000. The European Patent Office will have the authority to grant the new unitary patent as well as the current “classical” European patent. Additionally, the package establishes a Unified Patent Court, with clear jurisdiction over infringement disputes. This means that creative European businesses will benefit twofold: from the lessened financial and administrative burden of the patenting procedure and from the certainty regarding jurisdiction. The unitary patent will come into force as soon as 13 of the participating Member States, (including Germany, France and the UK) have ratified the agreement – expected by late 2015 or early 2016. The unitary patent will give businesses across the EU the certainty they need today to make the investments that benefit our economy tomorrow.
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