European Union to unify patent system

The new patent court will allow cases to be heard before specialised judges

European ministers have announced a breakthrough in the development of an enhanced European Union (EU) patent system.

Agreement has been reached on a new package that includes the development of a single EU patent, and the creation of a patent court designed to make it easier and less costly for companies to register and protect their technology.

Günter Verheugen, EU vice president and commissioner for enterprise and industry, claimed that the changes would make a big difference to organisations, and are the result of a lot of hard work by ministers.

"Making patenting less costly and more efficient has been very high on the policy agenda for many years," he said. "A pre-condition for fostering innovation and competitiveness, today's agreement cannot be overestimated. It comes at a moment when it is most needed."

The setting up of the new patent court still requires the approval of the European Court of Justice, but the EU said that it would allow cases to be heard before specialised judges, and would remove the burden of litigating in different countries which traditionally involves high costs. The EU estimates that holding cases in a unified court could save firms as much as £259m a year.

"This political breakthrough is a very strong signal from the European Council that the EU is committed to achieving a true single market for patents, " said Charlie McCreevy, EU commissioner for internal markets and services.

"A number of issues remain to be resolved, but we will undertake to work closely with the Council and the European Parliament towards achieving a final package that will meet the trust and confidence of users."

Ministers pointed out that patenting designs costs 11 times as much in Europe as it does in the US, a situation that would be remedied by a common agreement.