Simplifying Patents

Recent research suggests that it costs between 4 and 10 times more to obtain a patent in Europe compared with the US, China or Japan. That is because, even though there is a European Patents Office (EPO), patent owners must then validate, translate and renew in each country in which they want protection.

And of course, when it comes to enforcement, the process is similarly complex. In an era when intellectual property has become of such importance, this issue is rightly attracting growing attention.

Overall, today’s complexity works against the interests of each national economy, argues Bruno Van Pottelsberghe, fomer chief economist at the EPO, in a recent paper. The European Commission agrees with him – and sees this onerous process inhibiting the growth of small and medium-size companies, especially those in the technology sector. For such companies, the cost of registration is itself extremely high, but in addition “the system makes it effectively impossible for us to defend them”, according to the co-founder of a Spanish technology company.

There is a wide range of obstacles to a unified system. Individual countries do not yet agree on precisely what is patentable. Many insist that any patent must use local language. It is also suggested that some countries that are weak on invention do not want to limit imitation or copying by their local firms. And of course, national patent offices want to protect jobs and income and in this, they are supported by local legal firms and translators.

According to The Economist, the next few months will be critical in resolving this issue. Politicians are becoming increasingly interested, but the divide is still significant. Spain, next to hold the EU Presidency, is against a unified system. But soon the EPO is to appoint a new head – and the candidates take differing positions. If a pro-unified system candidate is appointed, we may see progress towards a pan-European patent.