The Community Patent

Abstract

Even before the European Patent Convention came into force, there were proposals for a Community Patent. However, the political will has not been there to implement this. Recently, with the EU falling behind the US in innovation, and this being blamed on the high cost of obtaining comprehensive patent cover in the EU, the Community Patent has surfaced to near the top of the political agenda. While business wants the Community Patent, several Member States are finding it difficult to give up on language and local jurisdiction. The Community Patent is wanted by the pharmaceutical industry, for both research-based and generic categories, for different reasons. However, ‘Big Pharma’ will probably not want it to supplant a local patent system, although it might in time supplant the European bundle of patents. Much of the analysis concerning the Community Patent is general, but there are some issues which are of special concern to the pharmaceutical industry, particularly in the infringement area and in the area of cross-licensing. These include whether to obtain a Community Patent or to continue with the existing European or national patents.