Community Patent (Extract from: Preparation of the Competitiveness Council, 27 Nov)

November 27, 2003

Brussels, 26th November 2003

The Council will seek to reach a political agreement on the proposed Community Patent Regulation. Following agreement on a broad political approach at the March Council (see MEMO/03/47 ), discussions on the implementation of the political approach in the Regulation are now well advanced. However, formal adoption of the Regulation at this Council will not be possible, because the Council intends to re-consult the Parliament on the basis of a political agreement.

The only major issue on which the Member States still have divergent views is on translations of claims in particular the length of the period under which the translations can be filed and the effect of the translations (legal or merely informative). Mr Bolkestein will urge Member States to reach a compromise which will safeguard both the unity and affordability of the Community Patent.

The Council will also discuss amendments to the European Patent Convention, which are necessary in order to accommodate the Community Patent. It aims to reach a political agreement. This would allow the Administrative Council of the European Patent Organisation to call for a diplomatic conference to revise the European Patent Convention, to be held in autumn 2004.

DN: MEMO/03/242 Date: 26/11/2003

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