German Patentanwaltskammer opposes EU Community Patent
2006-03-01: "Patentanwaltskammer" (German Chamber of Patent Attorneys) strongly opposes a EU-Community patent. This is the message carried out by their contribution to the EU Community Patent Consultation. The opponents of a Community Patent mention several reasons why patent attorneys would dislike a community patent. Patentanwaltskammer fears the end of a judicial rule over the patent system. According to Patentanwaltskammer a Community Patent would mean a "Dissolution of the European Patent System". The EU-consultation is open for contributions of interested parties until march 31.
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Positions of Patentanwaltskammer
- Patentanwaltskammer expects a change of substantive rules by the EU and a legislative interference in case law. The granting procedures of the EPO may not be questioned.
- The European Patent system shall be governed by a community of lawyers and judges
- No desire to start "political" discussions about patent law, esp. in the field of software.
- Patent law does not have to serve common welfare objectives. Provisions for these objectives have to get codified in "special laws".
- Patent law promotes competition
- A European system for dispute resolution is needed
- The Commission should withdraw its proposal. Only EPLA, which is based on existing institutions, is deemed to be beneficial.
- "A community patent based on a common policy objective has to be forcefully rejected. By these means no community patent can be created which is beneficial for commerce."
- A central court was unable rule 800-1000 cases/year
- No regional courts are proposed, a violation of the subsidiary principle.
- Questions over language regime remain unresolved
- No harmonisation by the EU is needed. Harmonisation is driven forward by conferences of patent judges.
- Patent law has to remain case law-driven.
- A Community Patent would effectively imply a "Dissolution of the European Patent System"
Further informations
Patentanwaltskammer follows earlier positions which were worded weaker, e.g.
http://www.patentanwalt.de/kammer/doc/2003_12_05.pdf
The Chamber also intervened in the political debate over EU-Software Patenting and favoured the Council proposal.
