Single European Patent a step closer

The long sought after single European patent, which can offer Applicants protection in all countries of the European Union, looks like it may be a step closer after 25 of the 27 member states agreed on a language regime designating English, French and German as the official languages of the scheme. This would significantly reduce translation costs, which currently account for a large part of the total cost involved in seeking pan-European protection.

However, there is the risk of a legal challenge to the new scheme from Italy and Spain, who fear that they will suffer under the agreed language regime.

The agreement makes use of a special procedure available under the EU's Lisbon Treaty which allows groups of member states to proceed without unanimity. This special procedure has not been used before in single market issues, and Italy and Spain are questioning its legality in an area as sensitive as patents.

The UK's Intellectual Property Minister, Baroness Wilcox, said a breakthrough on patents was "crucial for UK industry. It is vital to offer businesses the same access to patent protection in their home market of Europe as competitors in the US, China and Japan enjoy in theirs. A unitary patent and court system will save businesses time and money... The savings to UK business are likely to be around £20m per year in translation costs alone."

Any progress on the thorny issue of the truly unitary European patent is to be welcomed, and it is hoped that all member states will take the necessary steps to enable this to happen.

Appleyard Lees will be watching the progress and report back with any new developments.