European patent to boost industry, predict lawyers

COMMUNITY: court will be set up in Luxembourg by 2010

The European 'community patent' - given the political green light last week - will be good for British industry, City lawyers said this week, but doubts remain about the expense of the venture.

The European Union's (EU) competition council approved the community patent in Brussels last week.

Preliminary proposals envisage the establishment of a patents court in Luxembourg by 2010, which will provide jurisdiction for a patent valid and enforceable in all EU member states.

Currently, companies and individuals can either obtain patents in individual member states, or obtain a European patent - but this is merely a streamlined way of obtaining individual patents in the various states.

Allen & Overy partner and IP litigator Catriona Smith, said: 'This is a great move.

Everyone thought it was a dead duck, so someone has performed a miracle, but there's still an awful lot of work to be done on the regulations.'

Morag Macdonald, an IP partner with Bird & Bird, said: 'In theory, this is good news for markets and industry in Europe.' But she said current proposals requiring the translation of community patents into the languages of all member states of the EU would be expensive.

She said industry wanted no more than three languages.

Edward Nodder, a patent litigator at London IP firm Bristows, said: 'Companies are faced with a big decision - the community patent means putting all your eggs in one basket.

It's cheaper in the long run than having lots of eggs in lots of baskets but if your single patent is challenged and you lose, all the eggs are broken.'

Jeremy Fleming