2011/0093(COD) | [ParlTrack]

Proposal for a regulation
Recital 1

(1) In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote the dissemination of information on scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal.

Amendment 12 #

Proposal for a regulation
Recital 5

(5) The Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter ‘EPC’), established the European Patent Organisation and entrusted it with the task of granting European patents. This task is carried out by the European Patent Office. European patents granted by the European Patent Office under the rules and procedures laid down in the EPC should, on a request by the patent proprietor filed directly or through the relevant national patent office, benefit from unitary effect by virtue of this Regulation in the territories of the participating Member States (hereinafter ‘European patents with unitary effect’).

Amendment 13 #

Proposal for a regulation
Recital 10

(10) The rights conferred by the European patent with unitary effect should enable the patent proprietor to prevent any third party not having his consent from the direct and indirect use of the invention on the territories of the participating Member States. However, ~~a number of limitations of the patent proprietor’s rights should enable~~this should not include a third part~~ies~~y’s right to use ~~the~~ invention~~, for instance for private and~~s for non- commercial purposes~~, for experimental purposes, for acts allowed specifically under Union law (in~~ and scientific research, and all inventions theat area of veterinary medicinal products, medicinal products for human use, plant variety rights, the legal protection of computer programs by copyright and the legal protection of biotechnological inventions) under international law and for non- patentable under international law, including computer programs and databases; this also includes patented biotechnological inventions, plant protection patents and patent-protected medicines, and the use by a farmers of protected livestock for farming purposes.

Amendment 14 #

Proposal for a regulation
Recital 15

(15) The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards ~~administration of~~ requests for unitary effect, ~~the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect,~~carrying out the unitary effect registration process and analysing any related problems, such as the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants filing European patent applications in a language other than one of the official languages of the European Patent Office. ~~The participating Member States should ensure that r~~Requests for unitary effect armust be filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin ~~and that they are submitted~~ in the language of the proceedings before the European Patent Office together with the prescribed translation ~~prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements]~~.

Amendment 15 #

Ioannis A. TSOUKALAS

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses, and should take into account the specific situation of small and medium-sized enterprises, as well as the urgent need to promote energy saving and the use of renewables in the form of lower fees. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission.

Amendment 16 #

Jens ROHDE

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses taking particular account of micro and small enterprises as defined in Commission Recommendation 2003/361/EC1. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission. _____________ 1 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

Amendment 17 #

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses and should take into account the status and financing capacities of SMEs. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission.

Amendment 18 #

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be ~~progressive~~levied throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover the actuall costs associated with the ~~grant of the European patent and the~~ administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses. It should ~~also reflect the size of the market covered by the patent and~~ be similar to the level of the national renewal fees for an average ~~European~~ patent taking effect in the participating Member States at the time wheren the level of the renewal fees is first fixed by the Commission.

Amendment 19 #

Proposal for a regulation
Recital 17

(17) In order to determine the appropriate level and distribution of renewal fees and to ensure that ~~all costs of the~~the actual fees for the annually renegotiated tasks in relation to the unitary patent protection entrusted on the European Patent Office are fully covered by the resources generated by the European patents with unitary effect and that, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, the revenues from the renewal fees ensure a balanced budget of the European Patent Organisation.

Amendment 20 #

Proposal for a regulation
Recital 18

(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for ~~patent-related purpo~~the enforcement of this Regulation and for other patent and innovation-related purposes, including for the provision of advice and support to small and medium-sized enterprises. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.

Amendment 21 #

Proposal for a regulation
Recital 18

(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria ~~namely the level of patent activity and the size of the market~~. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office~~, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently~~.

Amendment 22 #

Proposal for a regulation
Recital 19

(19) In order to ensure the appropriate level and distribution of renewal fees in compliance with the principles set out in this Regulation, the power to negotiate with the European Patent Office and to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the level of the renewal fees for European patents with unitary effect and the distribution of such fees between the European Patent Organisation and the participating Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Amendment 23 #

Proposal for a regulation
Recital 20

(20) An Enhanced communication partnership between the European Patent Office and central industrial property offices of the EU Member States should enable the European Patent Office to make regular use, where appropriate, on a fee- paying basis, of the result of any search carried out by central industrial property offices on a national patent application the priority of which is claimed in a subsequent European patent application. All central industrial property offices, including those which do not perform searches in the course of a national patent granting procedure, can have an essential role ~~under the enhanced partnership~~, inter alia by ~~giv~~providing advice ~~and support~~ to potential patent applicants, in particular small and medium-sized enterprises, by receiving national applications~~, by forwarding applications~~ and establishing whether they should be forwarded to the European Patent Office, and by disseminating patent information.

Amendment 24 #

Proposal for a regulation
Article 1 – paragraph 2

This Regulation constitutes a special agreement within the meaning of Article 142 of the Convention on the Grant of European Patents (European Patent Convention), as amended (hereinafter ‘the EPC’).deleted

Amendment 25 #

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2 a (new)

By …*, the Commission shall present a proposal for a directive by the European Parliament and the Council, along with an impact assessment, for harmonisation of substantive patent law relevant for European patents with unitary effect. _____________ * Date of entry into force of this Regulation.

Amendment 26 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. European patents with unitary effect shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. The following in particular shall not be regarded as inventions within the meaning of the first subparagraph: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.

Amendment 27 #

Proposal for a regulation
Article 3 – paragraph 1 b (new)

1b. A set of instructions for solving a problem by means of an automated system consisting only of generic data-processing hardware (universal computer), also called “program for computers” or “computer-implemented solution”, is not an invention within the meaning of the substantive patent law applicable to a European patent with unitary effect, regardless of the form under which it is claimed. A claimed object can be an invention within the meaning of the substantive patent law applicable to the European patent with unitary effect only if it contributes knowledge to the state of the art in a field of applied natural science; an invention is something which imparts new knowledge about cause-and-effect relationships in the use of controllable forces of nature.

Amendment 28 #

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1

2. A European patent with unitary effect ~~shall have a unitary character. It shall provide uniform protection and shall have equal effect in all~~is a patent of the European Union that has effects throughout the territories of the participating Member States.

Amendment 29 #

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)

A European patent with unitary effect shall have an autonomous character. It shall be subject only to the provisions of this Regulation, to the general principles of Union law, and, to the extent that this Regulation does not lay down specific rules, to those provisions of the European Patent Convention which are binding upon every European patent and which are consequently deemed to be provisions of this Regulation.

Amendment 30 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3a. Patents with unitary effect cannot be granted for the following: – scientific discoveries and theories and mathematical methods; – aesthetic creations; – schemes, rules and methods of presenting mental acts, playing games or doing business; – the presentation of information.

Amendment 31 #

Proposal for a regulation
Article 4 – paragraph 1

1. A European patent with unitary effect shall take effect in the territories of the participating Member States on the ~~date~~fourteenth day following that of the publication, by the European Patent Office, of the mention of the grant of the European patent in the European Patent Bulletin.

Amendment 32 #

Bendt BENDTSEN

Proposal for a regulation
Article 6 – paragraph 1 – introductory wording

1. The European patent with unitary effect shall confer on its proprietor ~~the right to prevent~~a legally enforceable right ruling out the lawfulness of the following for any third party not having the proprietor's consent ~~from the following~~:

Amendment 33 #

Bendt BENDTSEN

Proposal for a regulation
Article 7 – paragraph 1

1. The European patent with unitary effect shall confer on its proprietor ~~the right to prevent~~a legally enforceable right ruling out the lawfulness of any third party ~~from~~’s supplying or offering to supply within the participating Member States any person without the proprietor's consent, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

Amendment 34 #

Proposal for a regulation
Article 8 – point a a (new)

(aa) acts allowed pursuant to the Treaties and Union law;

Amendment 35 #

Herbert REUL

Proposal for a regulation
Article 8 – point b a (new)

(ba) the use of biological material for the purpose of breeding, discovering and developing a new plant variety;

Amendment 36 #

Proposal for a regulation
Article 8 – point e

(e) the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel, and as long as the patented inventions concerned are not used commercially for the socio-economic purposes for which they are intended within the Member States;

Amendment 37 #

Herbert REUL

Proposal for a regulation
Article 8 – point h

(h) ~~acts as covered by the farmers privilege pursuant~~the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where there has been a sale of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use, corresponding to Article 14 of Regulation (EC) No. 2100/94 ~~which applies mutatis mutandis~~;

Amendment 38 #

Herbert REUL

Proposal for a regulation
Article 8 – point i

(i) the use ~~by a farmer of protected livestock for farming purposes, on condition that the breeding~~of an animals or ~~other~~ animal reproductive material ~~were sold or otherwise commercialised to the farmer by~~by a farmer for an agricultural purpose, where there has been a sale by the proprietor of the patent ~~proprietor~~ or with his~~/her~~ consent~~. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the~~ to the farmer of breeding stock or other animal reproductive material which constitutes or contains the patented invention. This does not include any sale within the framework of or for the purpose of commercial reproductiveon activity;

Amendment 39 #

Proposal for a regulation
Article 8 – point i

(i) the use by a farmer of protected livestock or reproductive material for farming purposes, on condition that the ~~breeding animals or other animal~~ reproductive material w~~ere~~as sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of ~~the animal or other animal reproductive~~such material for the purposes of his/her agricultural activity, but not ~~the~~for sale in the framework of or for the purpose of commercial reproductive activity; ~~Justification A distinction needs to be drawn between commercial activity and the farmer’s own agricultural activity.~~Or. pl

Amendment 40 #

Proposal for a regulation
Article 12 – paragraph 1 – introductory wording

1. The participating Member States shall give~~, within the meaning of Article 143 of the EPC,~~ the European Patent Office the following tasks to be carried out in conformity with the Treaties and Union law, and with the internal rules of the European Patent Office:

Amendment 41 #

Proposal for a regulation
Article 12 – paragraph 2

2. In their capacity as Contracting States to the EPC, the participating Member States together with the European Parliament shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation ~~within the meaning of Article 145 of the EPC.~~ . This Select Committee should take decisions according to a mandate given by the European Parliament and shall report to the European Parliament. The members of the Select Committee shall submit to a hearing before the European Parliament's committee responsible prior to their approval by the European Parliament.

Amendment 42 #

Proposal for a regulation
Article 12 – paragraph 3

3. The participating Member States shall ensure effective legal protection before a national court against thany administrative decisions of the European Patent Office ~~in carrying out the tasks referred to in paragraph 1~~.

Amendment 43 #

Proposal for a regulation
Article 13

The expenses incurred by the European Patent Office in carrying out the additional tasks given, within the meaning of Article 143 of the EPC, by Member States to the European Patent Office shall be covered by the fees generated by the European patents with unitary effect, in line with the simulation set out in Annex I.

Amendment 44 #

Proposal for a regulation
Article 14 – paragraph 1

1. Renewal fees and additional fees for the late payment of renewal fees for European patents with unitary effect shall be paid to the European Patent Organisation by the patent proprietor as part of the resources required to carry out the tasks referred to in Article 13. Those fees shall be due in respect of the years following the year in which the European Patent Register mentions the grant of the European patent which benefits from unitary effect by virtue of this Regulation.

Amendment 45 #

Proposal for a regulation
Article 15 – paragraph 1 – point c

(c) ~~sufficient~~paid together with the fees to be paid to the European Patent Organisation during the pre-grant stage~~, to ensure a balanced budget of the European Patent Organisation~~.

Amendment 46 #

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 15 – paragraph 1 – point c a (new)

(ca) such as to take into account the status and financing capacities of SMEs.

Amendment 47 #

Proposal for a regulation
Article 15 – paragraph 2 – introductory part

2. The level of the renewal fees shall, in line with the simulation set out in Annex II, be fixed with the aim of

Amendment 48 #

Jens ROHDE

Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)

(ba) taking into account the specific situation of micro and small enterprises as defined in Commission Recommendation 2003/361/EC in the form of lower fees;

Amendment 49 #

Proposal for a regulation
Article 16 – paragraph 1

1. The part of the collected renewal fees to be distributed to the participating Member States referred to in Article 12(1)(e) shall be 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect minus the costs associated with the administration of the unitary patent protection referred to in Article 12, in line with the simulation set out in Annex III.

Amendment 50 #

Proposal for a regulation
Article 16 – paragraph 2 – introductory part

2. In order to reach these objectives set out in this Chapter, the Commission shall set the share of distribution of renewal fees referred to in paragraph 1 among the participating Member States on the basis of the following fair, equitable and relevant criteria, in line with the simulation set out in Annex IV, taking into account:

Amendment 51 #

Proposal for a regulation
Article 16 – paragraph 3

3. The participating Member States shall use the amount allocated to them in accordance with paragraph 1 ~~to patent- related purposes~~for purposes relating to patenting activity in their territory.

Amendment 52 #

Proposal for a regulation
Article 17 – paragraph 1

1. The power to adopt delegated acts pursuant to Articles 15 and 16 is conferred on the Commission subject to the conditions laid down in this Article.

Amendment 53 #

Proposal for a regulation
Article 17 – paragraph 2

2. The delegation of power referred to in Articles 15 and 16 shall be conferred for a~~n indeterminate period of time~~ fixed period of time, no longer than one year from the [date of entry into force of this Regulation].

Amendment 54 #

Proposal for a regulation
Article 17 – paragraph 5 a (new)

5a. The delegation of powers relating to the disbursement of funds shall always be subject to approval by the European Parliament.

Amendment 55 #

Proposal for a regulation
Article 19

This Regulation is without prejudice to the application of the Treaties and Union Law, including competition law and the law relating to unfair competition.

Amendment 56 #

Zigmantas BALČYTIS

Proposal for a regulation
Article 20 – paragraph 1

1. Not later than ~~six~~three years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council and the European Parliament a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every ~~six~~three years.

Amendment 57 #

Proposal for a regulation
Article 20 – paragraph 1

1. Not later than ~~six~~two years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every ~~six~~two years.

Amendment 58 #

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 20 – paragraph 1

1. Not later than six years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council and the European Parliament a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every six years.

Amendment 59 #

Proposal for a regulation
Article 20 – paragraph 1

1. Not later than ~~six~~three years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every ~~six~~three years.

Amendment 60 #

Proposal for a regulation
Article 22 – paragraph 4

4. Unitary patent protection may be requested for any European patent granted on the basis of a European patent application filed on or after the date set out in paragraph 2.

source: PE-473.869

2011/10/27 JURI 50 amendments...

Amendment 45 #

Proposal for a regulation
Recital 2

(2) Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure, in particular for small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of establishment.

Amendment 46 #

Rolandas PAKSAS

Proposal for a regulation
Recital 2

(2) Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure for everyone participating in the patent system. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of establishment.

Amendment 47 #

Ramon TREMOSA i BALCELLS

Proposal for a regulation
Recital 4

(4) On 10 March 2011, the Council adopted Decision 2011/167/EU authorising enhanced cooperation between Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom (hereinafter ‘participating Member States’) in the area of the creation of unitary patent protection. Spain and Italy should be called upon to join the enhanced cooperation procedure in order to make the unitary patent a fully European patent that enhances the single market and increases Europe’s competitiveness.

Amendment 48 #

Proposal for a regulation
Recital 15

(15) The participating Member States should give the European Patent Office certain administrative tasks relating to European patents with unitary effect, in particular as regards administration of requests for unitary effect, the registration of unitary effect and of any limitation, licence, transfer, revocation or lapse of European patents with unitary effect, the collection and redistribution of renewal fees, the publication of translations for information purposes during a transitional period and the administration of a compensation scheme of translation costs for applicants filing European patent applications in a language other than one of the official languages of the European Patent Office. The participating Member States should ensure that requests for unitary effect are filed with the European Patent Office within onthree months of the date of the publication of the mention of the grant in the European Patent Bulletin and that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements].

Amendment 49 #

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses and should take into account the specific situation of small and medium-sized enterprises, natural persons and non- profit organisations in the form of lower fees. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed ~~by the Commission~~.

Amendment 50 #

Proposal for a regulation
Recital 16 a (new)

(16a) In order to support patenting activities by small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions, applicants falling into these categories should benefit of a reduction of renewal fees. To this extent, renewal fees for such applicants should be reduced by 50% for the first six years following the grant of the European patent with unitary effect.

Amendment 51 #

Proposal for a regulation
Recital 18

Amendment 52 #

Tadeusz ZWIEFKA

Proposal for a regulation
Recital 18

(18) Renewal fees should be paid to the European Patent Organisation. ~~50 percent thereof minus~~The European Patent Office should retain an amount to cover the expenses ~~incurr~~generated byat the European Patent Office in carrying out tasks in relation to the unitary patent protection in accordance with Article 146 of the EPC. The remaining amount shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market and should guarantee a minimum amount to be redistributed to each participating Member State in order to maintain a balanced and sustainable functioning of the system. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity established on the basis of the European Innovation Scoreboard (EIS) and having acquired membership of the European Patent Organisation relatively recently.

Amendment 53 #

Dimitar STOYANOV, Slavi BINEV

Proposal for a regulation
Recital 18

(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes and in order to implement targeted measures aiming at providing legal and technical advice to applicants such as small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions during the research phase and the preparation of a patent application. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.

Amendment 54 #

Proposal for a regulation
Recital 19

(19) In order to ensure the appropriate level and distribution of renewal fees in compliance with the principles set out in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the level of the renewal fees for European patents with unitary effect and the distribution of such fees between the European Patent Organisation and the participating Member States. It is of particular importance that the Commission carry out appropriate consultations with experts and representatives of all the parties concerned during its preparatory work~~, including at expert level~~. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Amendment 55 #

Proposal for a regulation
Recital 20

(20) An Enhanced partnership between the European Patent Office and central industrial property offices of the Member States should enable the European Patent Office to make regular use, where appropriate, of the result of any search carried out by central industrial property offices on a national patent application the priority of which is claimed in a subsequent European patent application. All central industrial property offices, including those which do not perform searches in the course of a national patent granting procedure, can have an essential role under the enhanced partnership, inter alia by giving advice and support to potential patent applicants, in particular small and medium-sized enterprises, natural persons and non-profit organisations by receiving applications, by forwarding applications to the European Patent Office and by disseminating patent information.

Amendment 56 #

Ramon TREMOSA i BALCELLS

Proposal for a regulation
Recital 20 a (new)

(20a) In order to make this Regulation more efficient, it should be applied in all Member States, deepening the single market and extending its economic benefits for all Union citizens and businesses.

Amendment 57 #

Françoise CASTEX

Proposal for a regulation
Recital 23 a (new)

(23a) In view of the current European Patent Convention and the importance of Article 53 thereof, which relates to exceptions to patentability, notably in the field of living things, a clause providing for the automatic inclusion of any future changes to EU law should be inserted into that Convention;

Amendment 58 #

Proposal for a regulation
Article 1 – paragraph 2

Amendment 59 #

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1

A European patent with unitary effect ~~shall have a unitary character. It shall provide uniform protection and shall have equal effect in all~~is a patent title of the European Union that has effects throughout the territories of the participating Member States.

Amendment 60 #

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)

A European patent with unitary effect shall have an autonomous character. It shall be subject only to the provisions of this Regulation, to the general principles of Union law, and, to the extent that this Regulation does not provide for specific rules, to those provisions of the European Patent Convention which are binding upon every European patent and which shall consequently be deemed to be provisions of this Regulation.

Amendment 61 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

European patents with unitary effect shall not be granted for biological materials produced by an essentially biological process;

Amendment 62 #

Proposal for a regulation
Article 3 a (new)

Article 3a Harmonisation of substantive patent law By …, the Commission shall present a proposal for a directive of the European Parliament and of the Council, along with an impact assessment, for harmonisation of substantive patent law relevant for European patents with unitary effect.

Amendment 63 #

Proposal for a regulation
Article 3 b (new)

Article 3b Patentability of inventions 1. European patents with unitary effect shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. 2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.

Amendment 64 #

Proposal for a regulation
Article 3 c (new)

Article 3c Patentability of computer-implemented inventions 1. A set of instructions for solving a problem by means of an automated system consisting only of generic data processing hardware (universal computer), also called “program for computers” or “computer-implemented solution”, is not an invention within the meaning of substantive patent law applicable to a European patent with unitary effect, regardless of the form under which it is claimed. 2. A claimed object can be an invention in the sense of substantive patent law applicable to the European patent with unitary effect only if it contributes knowledge to the state of the art in a field of applied natural science; an invention is a teaching about cause-and-effect relations in the use of controllable forces of nature.

Amendment 65 #

Proposal for a regulation
Article 6

Right to prevent the direct use of the The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor’s consent from the following: (a) making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes; (b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the participating Member States; (c) offering, placing on the market, using, importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent.Article 6 deleted invention

Amendment 66 #

Proposal for a regulation
Article 7

Right to prevent the indirect use of the 1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any person without the proprietor’s consent, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect. 2. Paragraph 1 shall not apply when the means are staple commercial products, except where the third party induces the person supplied to perform any of the acts prohibited by Article 6. 3. Persons performing the acts referred to in Article 8(a) to (d) shall not be considered to be parties entitled to exploit the invention within the meaning of paragraph 1.Article 7 deleted invention

Amendment 67 #

Proposal for a regulation
Article 8

Limitation of the effects of the European The rights conferred by the European patent with unitary effect shall not extend to any of the following: (a) acts done privately and for non- commercial purposes; (b) acts done for experimental purposes relating to the subject matter of the patented invention; (c) acts carried out solely for the purpose of conducting the necessary tests and trials in accordance with Article 13(6) of Directive 2001/82/EC or Article 10(6) of Directive 2001/83/EC in respect of any patent covering the product within the meaning of either of those Directives; (d) the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription nor acts concerning the medicine so prepared; (e) the use on board vessels of countries other than participating Member States of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States, provided that the invention is used there exclusively for the needs of the vessel; (f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter participating Member States; (g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944 , where these acts concern the aircraft of a country other than a participating Member State; (h) acts as covered by the farmers privilege pursuant to Article 14 of Regulation (EC) No. 2100/94 which applies mutatis mutandis; (i) the use by a farmer of protected livestock for farming purposes, on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the sale in the framework of or for the purpose of commercial reproductive activity; (j) the acts and the use of the obtained information as allowed under Articles 5 and 6 of Council Directive 91/250/EEC , in particular, by its provisions on decompilation and interoperability; and (k) the acts allowed pursuant to Article 10 of Directive 98/44/EC of the European Parliament and of the Council .Article 8 deleted patent with unitary effect

Amendment 68 #

Proposal for a regulation
Article 8 – point a a (new)

(aa) the acts allowed pursuant to the Treaties and Union law

Amendment 69 #

Proposal for a regulation
Article 8 – point b a (new)

(ba) the use of biological material for the purpose of breeding, or discovering and developing other plant varieties;

Amendment 70 #

Proposal for a regulation
Article 8 – point b b (new)

(bb) acts with the plant varieties developed in accordance with point (ba);

Amendment 71 #

Proposal for a regulation
Article 8 – point b c (new)

(bc) acts in respect of biological material having the same properties as patented biological material but produced by an essentially biological process and without using the patented biological material;

Amendment 72 #

Proposal for a regulation
Article 8 – point h

(h) acts as covered by the ~~farmers privilege~~agricultural exemption pursuant to Article 14 of Council Regulation (EC) No. 2100/94 ~~which applies mutatis mutandis;~~of 27 July 1994 on Community plant variety rights1 and Commission Regulation (EC) No 1768/95 of 24 July 19952 implementing rules on that exemption, which applies mutatis mutandis; ____________________ 1 OJ L 227, 1.9.1994, p. 1. 2 OJ L 173, 25.7.1995, p. 14.

Amendment 73 #

Françoise CASTEX

Proposal for a regulation
Article 8 – point k

(k) the acts allowed pursuant to Article ~~10 of Directive 98/44/EC of the European Parliament and of the Council~~2(2), Article 4(1)(b) and Article 10 of Directive 98/44/EC.

Amendment 74 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

The Commission shall investigate how the existing plant breeders’ rights system and the plants breeders’ exemption, based on the 1991 International Convention for the Protection of New Varieties of Plants, and biological material resulting from the application of essentially biological processes, can be brought into line with this Regulation, and shall come up with proposals where appropriate.

Amendment 75 #

Diana WALLIS, Cecilia WIKSTRÖM

Proposal for a regulation
Article 9

Exhaustion of the rights conferred by the European patent with unitary effect The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.Article 9 deleted

Amendment 76 #

Proposal for a regulation
Article 10 – paragraph 4 a (new)

(4a) The application of this Article shall not prejudice the application of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)1 and Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)2. ____________________ 1 OJ L 177, 4.7.2008, p. 6. 2 OJ L 199, 31.7.2007, p. 40.

Amendment 77 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – introductory wording

Amendment 78 #

Ramon TREMOSA i BALCELLS

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f

(f) the administration of a compensation scheme of translation costs for applicants filing European patent applications in one of the official ~~languages of the Union~~or co-official languages of Member States that is not an official language of the European Patent Office.

Amendment 79 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

For the purposes of point a), the participating Member States shall ensure that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than onthree months after the mention of the grant is published in the European Patent Bulletin.

Amendment 80 #

Proposal for a regulation
Article 12 – paragraph 2

2. In their capacity as Contracting States to the EPC, the participating Member States together with the European Parliament shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation ~~within the meaning of Article 145 of the EPC~~. That Select Committee shall take decisions pursuant to a mandate given by the European Parliament and shall report to the European Parliament. The Select Committee members shall be submitted to a hearing prior to their being approved by the European Parliament.

Amendment 81 #

Proposal for a regulation
Article 12 – paragraph 3

Amendment 82 #

Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)

(ba) taking into account the specific situation of small and medium-sized enterprises, natural persons and non- profit organisations in the form of lower fees,

Amendment 83 #

Proposal for a regulation
Article 15 – paragraph 3 a (new)

3a. Small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions which are under no contractual or legal obligation to assign, grant or license any rights in the invention shall be entitled to a reduction of 50% of the renewal fees during the six years following the grant of the European patent with unitary effect.

Amendment 84 #

Tadeusz ZWIEFKA

Proposal for a regulation
Article 16 – paragraph 1

1. The ~~part of the collected renewal fees to be distributed to the participating Member States referred to in Art~~European Patent Officle ~~12(1)(e) shall be~~shall retain 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect ~~minus the costs asso~~. The remaining amount shall be distributed to the participat~~ed with the admin~~ing Member States in accordance with the share of distraibution of the ~~unitary patent protection referred to in~~renewal fees set in accordance with Article 12(2).

Amendment 85 #

Proposal for a regulation
Article 16 – paragraph 3

3. The participating Member States shall use the amount allocated to them in accordance with paragraph 1 to patent- related purposes, including measures aimed at providing legal and technical advice to applicants, in particular small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions.

Amendment 86 #

Dimitar STOYANOV, Slavi BINEV

Proposal for a regulation
Article 17 – paragraph 1

1. The power to adopt delegated acts pursuant to Articles 15 and 16 is conferred on the Commission subject to the conditions laid down in this Article.

Amendment 87 #

Proposal for a regulation
Article 17 – paragraph 2

2. The delegation of power referred to in Articles 15 and 16 shall be conferred for a~~n indeterminate~~ period of ~~time~~five years from the [date of entry into force of this Regulation].

Amendment 88 #

Proposal for a regulation
Article 18 – paragraph 1

The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation, including regular assessments of specific provisions aimed at supporting patenting activities.

Amendment 89 #

Proposal for a regulation
Article 19 – paragraph 1

This Regulation is without prejudice to the application of the Treaties and Union law, including competition law and the law relating to unfair competition.

Amendment 90 #

Dimitar STOYANOV, Slavi BINEV

Proposal for a regulation
Article 20 – paragraph 1

Amendment 91 #

Rolandas PAKSAS

Proposal for a regulation
Article 20 – paragraph 1

1. Not later than ~~six~~four years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every six years.

Amendment 92 #

Proposal for a regulation
Article 20 – paragraph 1

1. Not later than ~~six~~two years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every ~~six~~five years.

Amendment 93 #

Sajjad KARIM

Proposal for a regulation
Article 22 – paragraph 2

2. It shall apply from [a specific date will be set and it will coincide with the date of application of Council Regulation ~~…/…~~.../... on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements] or the date of the entry into force of the instrument creating a unified patent litigation system and the setting-up of such a system, whichever is the later.

Amendment 94 #

Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1

Unitary patent protection may be requested for any European patent granted on the basis of a European patent application filed on or after the date set out in paragraph 2.

source: PE-475.775

2011/12/08 JURI 33 amendments...

Amendment 1 #

Proposal for a regulation
Recital 7

(7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of all the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, ~~licensed,~~ transferred, revoked or lapse in respect of all the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. However, to ensure legal cerIt should be possible for a European patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substaint~~y in the event of a limitation or revoca~~ive scope of protection con ~~the ground of lack of novelty pursuant to Article 54(3) EPC, the limitation or revoca~~ferred by unitary patent protection, o~~f a~~nly European patent ~~with unitary effect should take effect only in respect of the participating Member State(s) designated in the earlier European patent application as published~~s that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.

Amendment 10 #

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

~~Without prejudice to Article 5, a~~A European patent with unitary effect may only be limited, ~~licensed,~~ transferred, revoked or lapse in respect of all the participating Member States. A European patent with unitary effect may be licensed in respect of the whole or part of the territories of the participating Member States.

Amendment 11 #

Proposal for a regulation
Article 4 – paragraph 2

2. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered and extends to their territory, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin.

Amendment 12 #

Proposal for a regulation
Article 6 – point b

(b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the territory of the participating Member States in which that patent has unitary effect;

Amendment 13 #

Proposal for a regulation
Article 7 – paragraph 1

1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from supplying or offering to supply, within the participating Member States ~~any person without the proprietor's consent,~~in which that patent has unitary effect, any person other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

Amendment 14 #

Proposal for a regulation
Article 8 – point e

(e) the use on board vessels of countries other than participating Member States in which that patent has unitary effect of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States in which that patent has unitary effect, provided that the invention is used there exclusively for the needs of the vessel;

Amendment 15 #

Proposal for a regulation
Article 8 – point f

(f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States in which that patent has unitary effect, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter the territory of the participating Member States in which that patent has unitary effect;

Amendment 16 #

Proposal for a regulation
Article 8 – point g

(g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State in which that patent has unitary effect;

Amendment 17 #

Proposal for a regulation
Article 9

The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States in which that patent has unitary effect after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.

Amendment 18 #

Proposal for a regulation
Article 10 – paragraph 1 – introductory wording

1. A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect in which, according to the European Patent Register:

Amendment 19 #

Proposal for a regulation
Article 10 – paragraph 3

3. Where no proprietor has his/her residence, principal place of business or a place of business in a participating Member State in which that patent has unitary effect for the purposes of paragraphs 1 or 2, the European patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.

Amendment 2 #

Proposal for a regulation
Recital 9 a (new)

(9a) The matter of compulsory licences is not covered by this Regulation. Compulsory licences for European patents with unitary effect should be governed by the national legislations of the participating Member States on their respective territories.

Amendment 20 #

Proposal for a regulation
Article 12 – title

~~Implementation by the particip~~Administrative tasks in the framework of Member States the European Patent Organisationg

Amendment 21 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point e

(e) the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the year in which the ~~Register referred to in point b)~~European Patent Bulletin mentions their grant; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and

Amendment 22 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f a (new)

(fa) ensuring that requests by the patent proprietor for unitary effect for a European patent are submitted in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin;

Amendment 23 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f b (new)

(fb) ensuring that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article and that the European Patent Office is informed of any limitations, licenses, transfers and revocations of European patents with unitary effect.

Amendment 24 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

For the purposes of point a), the participating Member States shall ensure that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin.deleted

Amendment 25 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3

For the purposes of point b), the participating Member States shall ensure that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article; and that the European Patent Office is informed of limitations and revocations of European patents with unitary effect.deleted

Amendment 26 #

Proposal for a regulation
Article 12 – paragraph 2

2. Member States shall ensure compliance with the provisions of this Regulation in implementing their international obligations undertaken in the EPC and shall cooperate amongst themselves to that end. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office~~. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145~~ and shall ensure the setting of the level of renewal fees in accordance with Article 15 and the setting of the share of distribution of the renewal fees in accordance with Article 16. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. The Select Committee of the Administrative Council shall consist of the representatives of the Member States and a representative of the Commission as an observer, as well as alternates who will represent them in their absence. The members of the Select Committee may be assisted by advisers or by experts. Decisions of the Select Committee of the Administrative Council shall be taken with due regard for the position of the Commission and in accordance with the rules set out in Article 35(2) of the EPC.

Amendment 27 #

Proposal for a regulation
Article 12 – paragraph 3

3. The participating Member States shall ensure effective legal protection before a ~~national court~~competent court of one or several participating Member States against the decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.

Amendment 28 #

Proposal for a regulation
Article 15 – paragraph 2 – introductory wording

2. The level of the renewal fees, shall be fixed, taking into account, among others, the situation of specific entities such as small and medium-sized enterprises, with the aim of

Amendment 29 #

Proposal for a regulation
Article 15 – paragraph 3 – introductory wording

3. In order to reach these objectives set out in this Chapter, ~~the Commission shall set~~ the level of renewal fees shall be set at a level that:

Amendment 3 #

Proposal for a regulation
Recital 11 a (new)

(11a) The regime applicable to damages should be governed by the law of the participating Member States, in particular the provisions implementing Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.

Amendment 30 #

Proposal for a regulation
Article 16 – paragraph 1

Amendment 31 #

Proposal for a regulation
Article 21

1. The participating Member States shall notify the Commission of the measures adopted in accordance with Article~~s 4(2) and 1~~ 12 by the date set in Article 22(2). 1a. Each participating Member State shall notify the Commission of the measures adopted in accordance with Article 4(2 )by the date ~~set in Article 22(2).~~ of application of this Regulation or, in the case of a participating Member State in which the Unified Patent Court does not have exclusive jurisdiction with regard to European patents with unitary effect on the date of application of this Regulation, the date from which the Unified Patent Court has such exclusive jurisdiction in that participating Member State.

Amendment 32 #

Proposal for a regulation
Article 22 – paragraph 2

2. It shall apply from ~~[a specific date will be set and it will coincide with the date of appl~~1 January 2014 or the date of entry into force of the Agreement on a Unified Patent Court, whichever is the later. By way of derogation from Articles 3(1)- (2) and 4(1), a European patent for which unitary effect is registered in the Register for unitary patent protection referred to in Article 2(da) shall have unitary effect only in those participating Member States in which the Unified Patent Court has exclusive jurisdication ~~of Council Regulation …/… on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements].~~ with regard to European patents with unitary effect at the date of registration. 2a. Each participating Member State shall notify the Commission of its ratification of the Agreement at the time of deposit of its ratification instrument. The Commission shall publish the date of entry into force of the Agreement and a list of the Member States who have ratified the Agreement at the date of entry into force in the Official Journal of the European Union. The Commission shall thereafter regularly update the list of the participating Member States which have ratified the Agreement and publish it in the Official Journal.

Amendment 33 #

Proposal for a regulation
Article 22 – paragraph 4

4a. Unitary patent protection may be requested for any European patent granted on or after the date set out in the first subparagraph of paragraph 2.

Amendment 4 #

Proposal for a regulation
Recital 15 a (new)

(15a) In the framework of the Select Committee, the participating Member States should ensure the governance and supervision of the activities related to the tasks entrusted to the European Patent Office by the participating Member States, ensure that requests for unitary effect are filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and ensure that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements]. The participating Member States should also ensure the setting, in accordance with the voting arrangements in Article 35(2) of the EPC, of the level of the renewal fees and the share of the distribution of the renewal fees in accordance with the criteria set out in this Regulation.

Amendment 5 #

Proposal for a regulation
Recital 16

(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses taking into account the situation of specific entities such as small and medium-sized enterprises for example in the form of lower fees. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed ~~by the Commission~~.

Amendment 6 #

Proposal for a regulation
Recital 18

(18) Renewal fees should be paid to the European Patent Organisation. ~~50 percent thereof minus~~The European Patent Office shall retain an amount to cover the expenses ~~incurr~~generated byat the European Patent Office in carrying out tasks in relation to the unitary patent protection in accordance with Article 146 EPC. The remaining amount shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market and should guarantee a minimum amount to be redistributed to each participating Member State in order to maintain a balanced and sustainable functioning of the system. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity established on the basis of the European Innovation Scoreboard (EIS) and having acquired membership of the European Patent Organisation relatively recently.

Amendment 7 #

Proposal for a regulation
Recital 21 a (new)

(21a) The jurisdiction for European patents with unitary effect should be established and governed by an instrument setting up a unified patent litigation system for European patents and European patents with unitary effect.

Amendment 8 #

Proposal for a regulation
Recital 21 b (new)

(21b) In order to ensure the proper functioning of the European patent with unitary effect, the consistency of the case- law and hence legal certainty, and the cost effectiveness for patent holders, the establishment of a Unified Patent Court to hear cases concerning the European patent with unitary effect is essential. It is therefore of paramount importance that the participating Member States ratify the Agreement on a Unified Patent Court in accordance with their national constitutional and parliamentary procedures and take the necessary steps for that Court to be operational as soon as possible.

Amendment 9 #