Activities of Raffaele BALDASSARRE related to 2011/0093(COD)
Plenary speeches (2)
Creation of unitary patent protection - Unitary patent protection - Jurisdictional system for patent disputes (debate)
Creation of unitary patent protection - Unitary patent protection - Jurisdictional system for patent disputes (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection PDF (321 KB) DOC (448 KB)
Amendments (6)
Amendment 45 #
Proposal for a regulation
Recital 2
Recital 2
(2) Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure, in particular for small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of establishment.
Amendment 50 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to support patenting activities by small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions, applicants falling into these categories should benefit of a reduction of renewal fees. To this extent, renewal fees for such applicants should be reduced by 50% for the first six years following the grant of the European patent with unitary effect.
Amendment 53 #
Proposal for a regulation
Recital 18
Recital 18
(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes and in order to implement targeted measures aiming at providing legal and technical advice to applicants such as small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions during the research phase and the preparation of a patent application. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.
Amendment 83 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions which are under no contractual or legal obligation to assign, grant or license any rights in the invention shall be entitled to a reduction of 50% of the renewal fees during the six years following the grant of the European patent with unitary effect.
Amendment 85 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The participating Member States shall use the amount allocated to them in accordance with paragraph 1 to patent- related purposes, including measures aimed at providing legal and technical advice to applicants, in particular small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions.
Amendment 88 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation, including regular assessments of specific provisions aimed at supporting patenting activities.