EGA Press Release

Tuesday, 17 March 2009

| BETTER PATENTS MAKE BETTER MEDICINES |
AT THE EUROPEAN PARLIAMENT THE EGA EMPHASISES THE NEED
TO IMPROVE EFFICIENCY IN THE EUROPEAN PATENT SYSTEM

Greg Perry, director general of the EGA, spoke at the conference organised on 17 March at the European Parliament by STOA (Science and Technology Options Assessment) on “Current Policy Issues in the Governance of the European Patent System” to highlight the role of the generic medicines industry in European healthcare, and to warn of increasing hurdles to competition and real innovation if the European Patent System is not reformed.

Mr Perry stated that the patent system needs to ensure protection and promotion of real innovation including incremental innovation with significant added therapeutic value. However the dramatic increase in patent applications and lack of guidance on inventive step make it possible for weak patents to be granted on non-innovative products and to act as anti-competitive instruments.

“The EGA welcomes STOA’s initiative to enhance patent awareness and seeks to continue the constructive dialogue with the European Parliament aimed at improving the efficiency of Europe’s patent system. In this context, the EGA welcomes the European Commission’s Pharmaceutical Sector Inquiry Report as well as the STOA report which express clear concerns over certain deficiencies in the system to grant patents”, stated Mr Perry.

Following the same thinking as the STOA draft report on “Current Policy Issues in the Governance of the European Patent System”, Mr Perry insisted that a key objective is to improve the quality of patent applications. The EGA fully supports the EPO’s proposal to “raise the bar” in this area. A major issue to be resolved is the problem raised by divisional applications that exactly duplicate or do not vary significantly from the claims of the parent patent. This so-called double patenting is in principle prohibited by the EPO. In this context, the EGA supports the announcement at the STOA conference by the EPO Vice President that the EPO is aiming to tighten the rules that govern the filing of divisional applications and Mr Perry called upon member states to support this initiative.

In his presentation Mr Perry also proposed to introduce the duty of candour to ensure that all information relevant to the patent being examined by the EPO is disclosed by the applicant.

Finally, Mr Perry welcomed the creation of a central European patent court as a very positive initiative from DG Internal Market. However, Mr Perry stated that “a central judiciary composed of experienced and technically qualified judges is regarded as essential for the new patent court to be efficient. In addition, the interest of other affected parties such as the public or the administration, not party in the litigation, should also be taken into account by the judge when deciding on provisional measures.”

EGA’s Presentation...

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