European Patent System



  • Esteemed Councillors,

    I am happy to present you with the first draft of the bill to create a European Patent System.

    This draft begins the debate here on the Council floor, followed by possible amendments.

    Commissioner Liszckoszi has already expressed her support for a vote for this bill; before a vote can be arranged, it needs to have support from one more Commissioner.

    I am confident we can reach a decision that all member nations find agreeable.

    Vergilia Ceranio
    Economics Commissioner



  • Presented & Authored by: Commissioner Vergilia Ceranio

    Supported in Commission by: Commissioner Maleeka Liszckoszi, Prime Commissioner Alexander Kligenberg

    __________________________________________________________

    EUROPEAN PATENT SYSTEM

    With this document, we, the member nations of the European Union, hereby establish the European Patent System, to be used throughout the Union.

    I ? European Patent

    (1) This document defines ?European Patent? as patent rights granted to a specific patent holder and legally recognized in all EU member nations.

    (2) European Patents may be granted to
    (i) any one person who holds citizenship in any EU member nation; or
    (ii) any one legal person registered in any EU member nation.

    (3) European Patents may be granted for any new inventions in all fields of technology.

    (4) European Patents may not be granted for
    (i) scientific discoveries and theories or mathematical methods; or
    (ii) any living organisms or viruses, or the biological processes for their production; or
    (iii) anything previously deemed illegal by the EU; or
    (iv) military technology; or
    (v) inventions directly associated with national security; or
    (vi) inventions not intended to be used in international commerce
    .

    (5) European Patents may be granted for
    (i) twenty years (henceforth known as ?short term?), with a one-time possibility of renewal for ten years; and
    (ii) sixty years (henceforth known as ?long term?), with no possibility of renewal; and
    (iii) after expiring, the European Patent becomes public domain.

    (6) European Patents are granted by the European Patent Office.

    **(7) European Patents must be maintained annually for a nominal fee or by a simple (free) filing. Failure to keep a European Patent current and active shall result in automatic expiration, 6 months from the date an annual fee / filing is considered missed. There shall be a grace period of 30 days in which a late fee / filing may be paid / made after its due date before it is considered missed.

    (8) If a European Patent and a national patent conflict, the patent issued earlier shall take effect. If they are issued at the same day, the European Patent shall take effect.
    **

    II ? European Patent Office

    (1) This document establishes the European Patent Office (EPO), for the purposes of
    (i) examining, processing, and approving or denying European Patent applications; and
    (ii) keeping records of granted European Patents; and
    (iii) investigating formal complaints and disputes regarding European Patent rights.

    (2) The Board of Applications of the EPO shall
    (i) examine all filed patent applications, their validity and legality; and
    (ii) accept or deny the patent application; and
    (iii) consist of a set number of qualified legal experts nominated by the European Council or its subcommittee.

    (3) The Patent Archives of the EPO shall
    (i) be freely accessible by the public; and
    (ii) keep records of all legally valid European Patents; and
    (iii) keep records of all European Patents that were formerly approved but are no longer valid.

    (4) The Board of Appeal of the EPO shall
    (i) consist of a set number of qualified legal experts nominated by the European Council or its subcommittee; and
    (ii) investigate any formal complaints or disputes concerning the legality or validity of a granted European Patent or a decision by the Board of Applications; and
    (iii) has the judical authority to give verdict in such cases; and
    (iv) can have its verdict overruled by the European Court of Justice.

    (5) The European Patent Office shall be governed by a Chairman who
    (i) is chosen via a direct vote in the European Council; and
    (ii) shall serve a term of one year.

    III ? Funding

    (1) Any one European Union member nation may willingly agree to pay a yearly membership fee to the European Patent Office. This fee
    (i) grants any persons and/or legal persons registered or holding citizenship in the said member nation to apply for a European Patent without any additional fees; and
    (ii) is determined yearly by the Department of Finance of the EPO.

    (2) Persons and/or legal persons registered or holding citizenship in EU member nations that have not paid the EPO membership fee
    (i) can still normally apply for a European Patent; however
    (ii) are obliged to pay a fee, determined by the Department of Finance, to the EPO to cover the expenses of the application process.

    IV ? Withdrawal from the European Patent System

    (1) When this document is approved by the European Council, the European Patent System becomes valid in all European Union member nations.

    (2) Any European Union member nation may declare its intention to withdraw from the European Patent System.

    (3) The European Patent Office cannot guarantee that patents approved in nations not part of the European Patent System are recognized in all European Union member nations.

    (4) European Union member nations are encouraged to become part of the European Patent System.



  • Debate Begins Now
    Amendments Begin At: 03:15, September the 16th
    Voting Begins At: 03:15, September the 18th
    Voting Ends At: 03:15, September the 21th



  • (OOC: I will be out of town during the amendment phase with internet access unlikely and thus must propose my amendments today)

    The Duxburian business forum, representing Europe's broadest economy and one of its largest, has examined and discussed this bill at great length. It has found that many clauses would encourage regional innovation and healthy competition, but that some also constitute unacceptable levels of sovereignty intrusion. The Duxburian government has come to similar findings.

    Suggestions for amending:

    "(4) European Patents may not be granted for
    (i) scientific discoveries and theories or mathematical methods; or
    (ii) animal, plant, or fungal varieties, or the biological processes for their production; or
    (iii) anything previously deemed illegal by the EU."

    To

    (4) European Patents may not be granted for
    (i) scientific discoveries and theories or mathematical methods; or
    (ii) animal, plant, or fungal varieties, or the biological processes for their production; or
    (iii) anything previously deemed illegal by the EU.
    (iv) military technology
    (v) inventions directly associated with national security
    (vi) inventions not intended to be used in international commerce

    With the reasoning that the Duxburian Union cannot allow itself to be blocked by a patent from elsewhere on inventions that could prove vital to the safety and security of the nation. (vi) eliminates patent squatting, ensuring that an EU wide patent must have a purpose beyond one member state, while also ensuring that it is actually utilized.


    "(6) European Patents are granted by the European Patent Office."

    With addition,

    (6) European Patents are granted by the European Patent Office.
    (7) European Patents must be maintained annually for a nominal fee or by a simple (free) filing (negotiable). Failure to keep a European Patent current and active shall result in automatic expiration, 6 months from the date an annual fee / filing is considered missed. There shall be a grace period of 30 days in which a late fee / filing may be paid / made after its due date before it is considered missed.

    Again, this helps cut down on patent squatting. Applicants should be serious about using their patent.

    And with addition,

    (8) If a European Patent and a national patent conflict, the patent issued earlier shall take effect. If they are issued at the same time (negotiable, same week? same day? same hour?), the European Patent shall take effect.

    This amendment balances national sovereignty with the EU wide system. Here, the early bird gets the worm, regardless of whether it's national or international. In the spirit of patents, the inventor should get to reap the spoils of their work at whichever level is appropriate. It is acceptable to favor the EPO in the case of simultaneous patents.

    The Duxburian government and greater business community cannot support this bill without amendments.

    Acwellan Lir Devoy am Harrison
    European Council Representative of the Duxburian Union



  • Commissioner Ceranio stood up and took the podium, nodding to her Duxburian colleague.

    "I would like to thank the Duxburian Union for this valuable feedback; indeed, after hearing these proposed amendments, I can but say that personally I can sign them all without hesitation.

    One thing in particular pleases me. My team and I thought about it for a long time and in the end were hesitant to include any paragraphs concerning or even mentioning military technology and its application in the draft, knowing they would most certainly be a cause of worry for some nation. The Duxburian amendment 4-iv addresses this issue well, and all I can say is that I stand behind this and the other amendments."

    Ceranio sat down, eager to hear more insight and suggestions from the other Councillors.



  • First of all, I would like to congratulate Mrs. Ceranio with her very good idea and with her good work.
    I still have a question: if there is a discussion between two companies about a patent, the European Patent Office will judge who is right and who isn't. If one of these companies doesn't agree, it can appeal to the European Court of Justice, am I right?
    And is the EPO an office chaired by the Commissioner for Economics, or is one of the members the chief?

    Sonia Satela
    Representative to the European Council of the Democratic Republic of Occoron



  • Laois and Offaly are in favour of this initial proposal. On behalf of the Government we support this proposal and will argue for it's national ratification in the Parliament. We believe this is a vital next step in protecting European industry and business.



  • Commissioner Ceranio, after thanking the Offalian and Occoronian representatives for their supportive words, said:

    "To answer the questions of Occoron:

    Yes, you are indeed correct -- the Board of Appeal of the EPO will, in this first version of the draft, give a verdict on any dispute over patent rights; however, the European Court of Justice may overrule its decision should the case be taken to this highest court of law in Europe.

    The EPO shall not be administered by the Commissioner for Economics but rather a chairman nominated directly by the European Council. I agree this was not clearly stated in the draft, and, despite getting a bit ahead of our schedule, I would propose that we add the following amendment:

    II - (5) The European Patent Office shall be governed by a Chairman who
    (i) is chosen via a direct vote in the European Council; and
    (ii) shall serve a term of one year.

    How would you find this addendum to the bill?"



  • First of all, I would like to thank you once more for your good job. I'm convinced you're a good gain for the European Commission. Also thank you for your answer.
    I think this amendment will make this matter a little bit more clear, thank you for adding it.

    Sonia Satela
    Representative to the European Council of the Democratic Republic of Occoron



  • Hans K?chler stood to address several concerns his national government had with the draft bill.

    _"While I am sure that this proposal was brought forward with noble intentions I am concerned that the implementation of it in its current form would support the commodification of several forms of life, notably the bacteria and protists. In addition the inclusion of a mechanism for eminent domain/expropriation of intellectual property, if it was deemed in the public interest, would be a welcome amendment.

    I will not press strongly for any of these changes as I expect Brecon to withdraw from the from the European Patent System when it is implented."_



  • Proposing amendments has now officially begun.

    Would Brecon be satisfied with the following change/amendment:

    "(4) European Patents may not be granted for
    (i) scientific discoveries and theories or mathematical methods; or
    (ii) any living organisms or viruses, or the biological processes for their production; or
    (iii) anything previously deemed illegal by the EU.



  • Before the Council can vote on the bill, it still needs to be endorsed by at least one more member of the European Commission.


  • Moderator

    Prime Commissioner Alexander Kligenberg endorses this bill.



  • Thank you for your endorsement, Mr Klingenberg!



  • Voting on the bill has now begun, you have until 03:15, September the 21st, to cast your vote!

    Please do use your power to make your voice heard in the European Union, every vote matters!

    The bill has been updated with the proposed amendments.



  • Pax Aurea votes FOR this bill.


  • group:cid:2:privileges:mods:members

    Os Corelia votes FOR this bill



  • The Democratic Republic of Occoron votes FOR this bill.



  • Angleter votes FOR.



  • Brecon abstains.


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