Predictions of the demise of the Community patent may prove premature, after EU Internal Market Commissioner Charlie McCreevy launched a consultation on January 16.
Many supporters of a single Community patent, which would allow patentees to obtain protection across the 25 EU countries with one application, believed the plans had been abandoned in May 2004, after member states failed to agree on the details.
But, launching a consultation on EU patent policy, McCreevy emphasized that the Commission wants to make the single market for patents a reality: "I am asking businesses and individuals alike to give me their views on how we should move forward to achieve this."
He added: "Meanwhile we will of course continue to strive for the Community patent, which remains central to our policy."
The consultation runs until March 31 and will focus on three issues: the Community patent, how the current patent system in Europe can be improved; and possible areas for harmonization. It will be followed by a hearing in Brussels on June 13 and a report from the Internal Market Directorate General.
Anyone can take part in the consultation by downloading and completing a questionnaire published by the Commission.
The questionnaire covers the basic principles of the patent system; the Community patent, the European Patent Litigation Agreement; and mutual recognition of national patents.
The idea of an EU Community patent dates back more than 30 years, while the current proposals are nearly 10 years old. The Commission tabled a Green Paper in 1997, and the proposal was taken up by member states in March 2000.
Under the plans, the EU would accede to the European Patent Convention, and Community patent applications would be examined by the EPO in Munich.
But member states disagreed over the language rules – which required translations only of the patent claims. In particular, there was divergence over whether translated claims should be legally binding.
Many patent owners also voiced concerns that the financial benefits would not be as great as originally envisaged because of the cost of translating claims into 20 languages.
These obstacles prevented agreement on a compromise proposal made by the Irish presidency in May 2004.
The Commission sees creating an effective IP system as essential for stimulating growth and innovation in the EU, and therefore central to the Lisbon Agenda, which aims to improve the competitiveness of the European economy.
The consultation states: "The Commission remains convinced that an affordable Community Patent would offer the greatest advantages for business: we owe it to industry, investors and researchers to have an effective patent regime in the EU."
McCreevy intends to make a final effort to have the proposal adopted during his mandate, which ends in 2009. But he may have a fight on his hands: Florian Müller, founder of the No Software Patents campaign, has already vowed to challenge the Community patent proposal, saying it is "a definitive indication that our camp has to take action again".
