Single European Patent: Stimulation of Innovations Is Not for Free

In the European Union, the intellectual property rights are pretty costly and administratively burdensome. The price for a patent registration in the whole EU is approx. EUR 20,000 and 80 % out of it cover the costs of interpretation. 

For this reason, the European Commission, after the endorsement of the enhanced procedure by the Competitiveness Council, published a proposal for a Single European patent in March 2011. According to the European Commission, the proposed patent should reduce costs and simplify procedures in all participating countries, i.e. in the whole EU excluding Italy and Spain. The advantage of this proposal, besides cheaper patents, would also be the single interpretation. Reduced interpretation costs would be achieved by computer-like interpretations. 

Nevertheless, the proposal is not for “free” as it can also represent some disadvantages for Czech companies in form of higher number of competitors with patents in the Czech Republic, uncertain legal protection in case of computer-like interpretations and court disputes in foreign languages. The European single patent can be also a threat for those who are not actively interested in it. On the other hand, single patent can be a “stimulus for innovations and an opportunity for those who wish entering foreign markets” according to Antonín Borovka from company LINET s.r.o. 

These are conclusions of CEBRE debate that took place on 4th Oct. 2012 in the European House in Prague.

Volume XI, 7-2012

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