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Patentes: la Comisión Europea propone un régimen de traducción para la futura patente de la UE

The European Commission presented a proposal on the translation system of the future EU patent, which is the last element or necessary for the unique patent EU becomes a reality. At present, get a European patent is ten times more expensive than in the U.S.. This situation discourages research, development and innovation and to the detriment of European competitiveness. Therefore, Europe must act to ensure that innovators can protect their inventions at an affordable cost through a single patent that is valid throughout the European Union, with a minimum translation costs and no need to validate their patents also nationally, as they have to do today. The new proposal is based on the successful system of three languages \u200b\u200bof the European Patent Office (EPO) and, if adopted, would dramatically reduce translation costs today.

Michel Barnier, European Commissioner for Internal Market and Services, has said:

"For Europe to be competitive in the world, we must foster innovation. This does not

happens today: too costly and difficult to obtain a patent. A patent for the EU to be equally valid in all EU countries is crucial to stimulate research and development and encourage future growth. The proposed today (the last element of the law of patent reform) is good news for innovators from all over Europe, especially small businesses. Now I hope that Member States act quickly to ensure that the EU patent into reality. I am committed to working closely with all parties to reach a final agreement. " .

current situation in Europe patent

current patent system in Europe, especially as regards the translation requirements,

is very expensive and complex. EPO (an intergovernmental body that involved thirty-seven countries, namely, the twenty-seven EU Member States and ten European countries) examines the patent application and is responsible for granting a European patent to meet the conditions, but the inventor must apply for his national validation for the enjoyment of patent granted recognition in a Member State, which must incur administrative and translation.

Because of the costs involved, most inventors patented his invention in only a few Member States. For example, a European patent validated in thirteen countries can cost up to EUR 20 000, of which almost 14 000 euros correspond to the translations, which makes a European patent is over ten times more expensive than a U.S. patent, the cost approximately amounts to 1 850 euros.

Negotiations on EU patent

The Commission propuso

en agosto del año 2000 un Reglamento sobre una patente comunitaria (denominada ahora patente de la UE con arreglo al Tratado de Lisboa). En diciembre de 2009, los Estados miembros adoptaron por unanimidad unas conclusiones sobre la mejora del sistema de patentes en Europa

. La legislación acordada abarcaba los elementos fundamentales para crear una única patente de la UE y establecer un nuevo tribunal de patentes en la Unión, pero excluía el régimen de traducción. Sobre el nuevo tribunal de patentes se espera para finales de este año un dictamen del Tribunal de Justicia de la Unión Europea sobre la compatibilidad del proyecto de acuerdo con los Tratados de la UE. La propuesta de last day the necessary legislation to establish a system of translating the EU patent.

translation scheme of the EU patent

Under the proposal for a Council Regulation filed, the costs of processing EU patent valid in the twenty-seven Member States would be less than 6 200 million, of which only 10% correspond to the translations.

The Commission proposal is based on the language rules in force at the EPO. The Commission proposes that EU patent, granted in consideration of the EPO official languages, namely English, French or German. The granted patent is published in one of these languages \u200b\u200band this version would be the single authoritative text, this is legally binding. The publication will include translations of applications in the other two official languages \u200b\u200bof the EPO. The applications are the section of the patent that defines the scope of protection of the invention.

not require the patentee any other translation into other languages, unless an average patent dispute over the EU, in which case they may ask the patentee to submit translations at their expense. For example, the owner may need to provide a copy of the patent in the language of an alleged offender or the language of the judicial process if different from the language of the patent.

The Commission proposal also provides for measures to be agreed for the patent system more accessible to innovators.

First, there should be high quality automatic translations of patents in the EU in all EU official languages, so that inventors Europeans could see more easily in their own language technical information on patents. Additionally, to simplify access to EU patent applicants from EU countries whose languages \u200b\u200bother than English, French or German, the inventors would be able to submit applications in their own language. The costs of translation into the language of the proceedings of the EPO (which may be English, French or German at the applicant when submitting an application) would be eligible for return. Background

Member States reached political agreement in December 2009 to adopt a series of Council conclusions and a general approach on a regulation on the EU patent

. This agreement provides the main features of both a new patent court in Europe and future EU patent, but excludes translation system. However, Member States agreed that the translations related to the EU patent would be met in a separate regulation, which is why the Commission has presented this proposal on the arrangements for translation of the patent in the EU.

Sincerely.
Industrial Property Service Intellectual. GROUP
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