Latest Positions from Patent Judges' Symposium, EPO, EU Authorities, and AIPPI on Language Regime and Legal Compatibility of EEUPC
Sponsored by the European Patent Office, a pan-European group of patent judges and selected
political guests meets biannually for discussing political an legal patent issues on a European scale. Now the 15th Symposium of
European Patent Judges was held from 15 to 17 September 2010 in Lisbon (see list
The European Patent Judges' Symposium appears to be a rather
exclusive corporation since, besides an official press release on the
EPO website and today's posting on the usually very well
informed ipeg blog, no substantive information on the meeting seems to be available throughout the whole internet. Patent judges do
not appear to blog or tweet from their events. At least, the EPO announced that proceedings of the Symposium will be published as a special
edition of the Official Journal in early 2011.
According to what is available, the main issue of the meeting was the proposal of the EU
Council for a European Patent and European Patent Court. Further sessions related to the draft rules of procedure for a future European
patent court (which may also include the judges' position on the controversally discussed regulation of representation
before the new court), the exclusion of patent protection for surgical, diagnostic and therapeutical methods, and the protection of
computer-implemented inventions in the US and under the EPC.
The EU Council's Draft Agreement on a European Patent and European and EU Patent Court (EEUPC) of 23 March 2009 (Doc 9076/09) has, due to a request for an opinion, recently being
assessed by the Advocates General (AG) of the Court of Justice of the European
Union (CJEU). The Advocates General concluded in their statement of position that the draft agreement in its current form is incompatible with EU
treaties, especially regarding the judical control of the future EEUPC and the proposed language regime for the EU patent. The patent
judges, however, were not overly concerned about this criticism and emphasised that the Adv...