EU Patent Plan Has Translation Issues

Europe is closer than ever to creating an easy, affordable patent protection program, but the issue of patent translation still remains a problem.

At a meeting on Dec. 4, European Union industry ministers agreed on the creation of a Europe-wide patent as well as a centralized court that would deal with disputes over the patents.

“I am very pleased that we have finally seen a political breakthrough in these difficult negotiations that have gone on for so long,” said Swedish Trade Minister Ewa Björling in a recent press release.

What the industry ministers failed to agree on, however, is the patent translation. There are 23 official languages of the EU, and industry ministers aren’t sure how to select one official language for EU-wide patents or, failing to do so, decide how to cover patent translation costs.

Why Patent Translation Is Important

The statement by the Swedish trade minister estimated that getting patent protection in the EU currently costs 11 times as much as it does in the United States.

The high cost of patent protection has a lot to do with translation concerns. A European inventor or company often applies for a patent with the European Patent Office in Munich, which isn’t affiliated directly with the EU. The inventor or company must then pay for the patent translation in every country where the patent will be recognized. Since there is no centralized court for patent disputes, individual legal challenges may arise in each country and may need patent translation in the local language as well.

EU industry ministers are still divided on what patent translation requirements should be imposed, how the requirements for certified translations would be enforced, and who would be responsible for the cost of the patent translations.

‘A Clear and Unambiguous Signal’ of Patent Progress

Despite the patent translation issue, the industry ministers who developed the centralized patent court are pleased with the progress made so far and are confident about reaching a final solution in the near future.

Björling said that the council “has now sent a clear and unambiguous signal to Europe’s innovative companies that have long been calling for an improved patent system.”

The European Commission estimates that the centralized patent court system could result in companies saving nearly €289,000,000 (about $426,000,000) a year.

The patent court system still hinges on an evaluation by the European Court of Justice, the EU’s highest court. The European Commission will present solutions for the patent translation issue sometime next year.