Speaking after negotiations of the Competitiveness Council, which went on long into the evening, Belgium's enterprise minister Vincent Van Quickenborne said 26 of the 27 EU member states were in “negotiating mode” but one national delegation “didn't have the mandate to negotiate”.
The outcome shows that “unanimity will never be possible” he added.
The deadlock means that plans to create a pan-EU patent, which would cut the costs of patenting in the EU by 90%, are dead.
Instead, it is possible that some member states could proceed on the basis of enhanced cooperation. At least nine member states must agree to start such a project, but any patent is unlikely to win support from industry unless it is a viable alternative to the present situation.
Belgium, which holds the rotating EU presidency, earlier revealed further amendments to its compromise proposal to address concerns raised by countries including Spain, Italy, Poland and Portugal.
However, during informal negotiations over dinner it became clear that one member state – believed to be Spain – could not agree to them.
In formal presentations earlier, available online, many member states indicated that they would not make further concessions beyond those proposed today.
“We have left no stone unturned, and have fallen short of unanimity by the smallest margin,” said van Quickenborne.
He described the deadlock as a “tremendous missed opportunity for innovation in Europe”.
But he added: “Things are very clear now. There will be never unanimity on an EU patent. Along the path we have created momentum and assembled building blocks for a cost-effective patent. The presidency will now reflect on how to capitalise on that momentum.”
The matter will be further discussed at the next Council meeting on December 10.
