1. Community patents will be granted by the European Patent Office with pre-grant procedure, essentially the same as at present. Within a reasonable time after grant, however, it will be necessary to file translations of the granted claims into all EU member state languages unless any country waives this requirement for its own language. Such translations will have to be filed with the EPO. It has been suggested that a reasonable term within which to file translations of claims might be two years from grant. However, this has not yet finally been decided. Although not included in the common political statement, it is expected that the sanction for failure to file all translations in time will be that the Community Patent will be transformed into a bundle of national patents for those countries for which a translation has been filed.
2. The European Patent Office will be required to allow applicants having a national language other than English, French or German to have the preliminary steps prior to examination (including searches in non-EPO official languages) carried out in a national patent office acting on behalf of the EPO. The EPO may also have national patent offices that function in English, French or German, carry out searching on its behalf.
3. Renewal of Community Patents will be by fees paid directly to the EPO.
4. A unitary Court for the Community Patent will be set up in Luxembourg, although it will be empowered to hold hearings in other Member States. This court will have exclusive jurisdiction in “actions and claims of invalidity or infringement proceedings of actions of a declaration of non-infringement, of proceedings relating to the use of the patent or on the right based on prior use of the patent or requests for limitation, counterclaims for invalidity or applications for declaration of lapse, including requests for provisional measures.” Appeals from the Community Patent Court will lie to the Court of First Instance of the European Communities. The Community Patent Court will sit in panels of three judges and be assisted by technical experts.
2. The European Patent Office will be required to allow applicants having a national language other than English, French or German to have the preliminary steps prior to examination (including searches in non-EPO official languages) carried out in a national patent office acting on behalf of the EPO. The EPO may also have national patent offices that function in English, French or German, carry out searching on its behalf.
3. Renewal of Community Patents will be by fees paid directly to the EPO.
4. A unitary Court for the Community Patent will be set up in Luxembourg, although it will be empowered to hold hearings in other Member States. This court will have exclusive jurisdiction in “actions and claims of invalidity or infringement proceedings of actions of a declaration of non-infringement, of proceedings relating to the use of the patent or on the right based on prior use of the patent or requests for limitation, counterclaims for invalidity or applications for declaration of lapse, including requests for provisional measures.” Appeals from the Community Patent Court will lie to the Court of First Instance of the European Communities. The Community Patent Court will sit in panels of three judges and be assisted by technical experts.
March 2004 Index