European Council endorses unitary patent package

The AmeriKat, with her head in her paws,
braces for the beginning of the end

As expected, this afternoon the European Council has provided its political endorsement on the unitary patent package. The public "debate", which lasted a mere thirty minutes, was opened by the Cypriot Presidency who after the usual round of congratulation and self-congratulation of the present and past presidencies' work, enthusiastically stated that the unitary patent package was was what European industry needed to be competitive on a global level. Speaking of the "delicate compromises" that were obtained to reach this moment, the representative stated:

"We are all aware of the criticism voiced by interested parties about the final text. However, we should not let the perfect become the enemy of the good. I can assure you the text has gone through legal scrutiny and will ensure the uniform application with out undermining the rule of the Court of Justice."

He continued stating that the time had come for the politicians to agree and then pass the package over to the practitioners to implement and use the system ["Can't hardly wait", growls Merpel].

The floor was then taken by Commissioner Barnier who after thanking everyone and all the presidencies who worked on the dosssier ["Yes, you all have done just a tip-top job…", hisses Merpel], stated that the decision was

"…landmark in the building of Europe…This is a historical decision because it does allow for a new stage to be completed in the establishment of the internal market in creating a single patent at an affordable price….In 2010, I said that I was going to be the last Commissioner to work on this dossier and I hope together, that I will be able to realize that wish."

Commissioner Barnier

Commissioner Barnier then rubbed all the Kats fur backwards when he compared the current system of patent grant with that of China and US. He justified the need for the unitary patent package by stating that the US has issued 3 times more patents than Europe and China 2 times. To compete with the US and China, it was necessary that the unitary patent package be passed. Again, the AmeriKat is confounded as to how European politicians are able to state that the number of granted patents is directly proportional to the innovation of a country/jurisdiction, when we all know it is not.

Commissioner Barnier then expounded on the four major advantages of the system. The first, being "a new tool in the toolbox for innovative companies in Europe to strengthen innovative strategy and capacity". The second, being a one-stop-shop at an affordable price ["Again, where are they getting these figures from?", asks the AmeriKat]. The third, being more legal certainty and, the AmeriKat swears this is what the translation said, "the cost of defence being much less and much reduced". The fourth major advantage was slightly confusing but related to the dissemination of information in all languages and the availability of machine translation available in all languages of the EU, with compensation schemes for SMEs.

Like the Cypriot Presidency, Commissioner Barnier stated that he would have also preferred that all 27 Member States sign up to the agreement but that he "sincerely hoped" that Italy and Spain will join imminently. He closed his speech by stating that with the unitary patent package there was a "message of hope" that in a situation where Europe is facing crisis, the EU will be able to protect itself, its companies and its workers. The system is "not ideal or perfect, but what we have today will make a real difference" and will have a positive impact on companies who innovate.

The Presidency, opening the floor to the debate, warned the Council members that "today was not the time or place to re-discuss the patent text". Sweden was the first to take the floor. Congratulating the Cypriot Presidency, the Swedish delegation endorsed the agreement on the entire package stating that Sweden is "convinced [that the package] will be a substantial improvement on the current fragmented system".


 Is the unitary patent package's
next stop German constitutional
scrutiny? 

Similar sentiments were expressed by the Dutch and Hungarian members who heralded the agreement as "a great day for innovation". The German contingent welcomed the document submitted to Council today from the Presidency (what document?):

"Now after many years of intensive negotiation all the pieces of the package are now being approved by Council. The European Union is an important focus for innovation and we are in competition with other economic powers and we urgently need the unitary patent protection and a court and I am glad to see that there is this willingness to reform. We would like to thank your presidency and all previous presidencies who have taken forward this matter. It is particularly important that we agree on the Court and here I would like to give a statement for the minutes . . .Germany understands what it says in Article 33a about evidence, the idea being that if farmers have not grown the seed subject to patent, normally speaking, claims could not be made against them in respect of the patent. Further, back in Germany the usual constitution examination has to be done and we wont be able to do this before 18 February 2013 but will do so as quickly as possible."

France "welcomed the historical decision" stating that the new system would be advantageous for companies and would reduce the cost of patents and simplify the administrative procedure". Greece called today "an important milestone" which would "allow [the EU] to support innovation in the EU and boost competitiveness of industry." Following further positive statements from the Danish and Slovenian representatives the Polish representative stroke the first and only note of discord stating that:

"Colleagues, I would like to tell you that patent package has been subject to public debate in Poland and there are serious reservations connected to this package because of certain negative opinions presented to the national government from national stakeholders regarding the patent package. In particular there are some misgivings by the Polish Parliament. There is a public debate underway in Poland and it is very difficult. We cannot foresee the evolution. We cannot predict what will happen next. We would still thank [Commissioner Barnier] and the Presidency for the work in this respect."

The Portuguese contingent expressed its sentiments that today was " a very good day for innovation in Europe" and, in closing, the Czech Republic stated that "the adoption of the patent package is a milestone for innovation and competitiveness in Europe."

So where was the UK representative? Good question….

White fairy cake never tasted so bitter

In closing, the Presidency stated that the Council gave its political endorsement on the unitary package, subject to the usual final review of the text by the legal linguists.

Although expected, the AmeriKat could nevertheless feel her cheeks burning that members of the Competitiveness Council could so easily and willingly endorse a package that has the potential of making the patent system more complicated and expensive for its users while potentially chilling innovation as a result.

Attention now turns to tomorrow's European Parliament session (see AmeriKat post here). Although, rumor has it that there is another Parliamentary vote this afternoon as to whether to postpone tomorrow's vote, the AmeriKat cannot find any evidence in the agenda to support this, so would be grateful if readers have any intel that they can share.