14 Amendments of Philippe LAMBERTS related to 2011/0093(COD)
Amendment 11 #
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 3(3) of the Treaty on European Union, the Union shall establish an internal market, shall work for the sustainable development of Europe based on balanced economic growth and shall promote the dissemination of information on scientific and technological advance. The creation of the legal conditions enabling undertakings to adapt their activities in manufacturing and distributing products across national borders and providing them with more choice and opportunities contributes to attaining these objectives. Uniform patent protection within the internal market, or at least a significant part thereof, should feature amongst the legal instruments which undertakings have at their disposal.
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 25 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
By …*, the Commission shall present a proposal for a directive by the European Parliament and the Council, along with an impact assessment, for harmonisation of substantive patent law relevant for European patents with unitary effect. _____________ * Date of entry into force of this Regulation.
Amendment 26 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. European patents with unitary effect shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. The following in particular shall not be regarded as inventions within the meaning of the first subparagraph: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.
Amendment 27 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. A set of instructions for solving a problem by means of an automated system consisting only of generic data-processing hardware (universal computer), also called “program for computers” or “computer-implemented solution”, is not an invention within the meaning of the substantive patent law applicable to a European patent with unitary effect, regardless of the form under which it is claimed. A claimed object can be an invention within the meaning of the substantive patent law applicable to the European patent with unitary effect only if it contributes knowledge to the state of the art in a field of applied natural science; an invention is something which imparts new knowledge about cause-and-effect relationships in the use of controllable forces of nature.
Amendment 28 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
2. A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in allis a patent of the European Union that has effects throughout the territories of the participating Member States.
Amendment 29 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
A European patent with unitary effect shall have an autonomous character. It shall be subject only to the provisions of this Regulation, to the general principles of Union law, and, to the extent that this Regulation does not lay down specific rules, to those provisions of the European Patent Convention which are binding upon every European patent and which are consequently deemed to be provisions of this Regulation.
Amendment 34 #
Proposal for a regulation
Article 8 – point a a (new)
Article 8 – point a a (new)
(aa) acts allowed pursuant to the Treaties and Union law;
Amendment 40 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory wording
Article 12 – paragraph 1 – introductory wording
1. The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the Treaties and Union law, and with the internal rules of the European Patent Office:
Amendment 41 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In their capacity as Contracting States to the EPC, the participating Member States together with the European Parliament shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. . This Select Committee should take decisions according to a mandate given by the European Parliament and shall report to the European Parliament. The members of the Select Committee shall submit to a hearing before the European Parliament's committee responsible prior to their approval by the European Parliament.
Amendment 42 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The participating Member States shall ensure effective legal protection before a national court against thany administrative decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.
Amendment 52 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The power to adopt delegated acts pursuant to Articles 15 and 16 is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 55 #
Proposal for a regulation
Article 19
Article 19
This Regulation is without prejudice to the application of the Treaties and Union Law, including competition law and the law relating to unfair competition.
Amendment 57 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Not later than sixtwo years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every sixtwo years.