
Logic Patents > Reviews > EuroParl 03-09-24 > Amendments > JURI > Reject > Harmonisation > TRIPs > EPO
TRIPs	EPC	EPO

Controlling the EPO

The European patent systme is not part of the EU but forms its own intergovernmental organisation that comprises all EU countries and some additional countries and is dominated by largely the same ministerial patent officials who sit in the EU Council's "Intellectual Property Working Party". These officials are responsible for the deplorable current state of the European patent system with regard to software and have been unwilling to address the problems. They have a record of presiding over the breaking of laws by the EPO and of then trying to impose the results of lawbreaking on the EU. Several amendments remind the member states of their duty to use their seat on the EPO to implement the will of the EU legislator. These amendments are worth a yes vote but otherwise mainly of symbolic nature.

Amendment 194

submitted by:: Klaus-Heiner Lehne
provision:: rec 8 a nov
language:: English
topic:: EPO

amendment
	Member states shall respect the provisions of this directive when acting in the framework of the European Patent Convention.
justification
This amendment recognises that the Member States are also Contracting States of the European Patent Convention and that Member States have some influence on the practice of the European Patent Office, specifically with respect to ensuring that the European Patent Office complies with this directive.

Amendment 195

submitted by:: Piia-Noora Kauppi
provision:: rec 8 a nov
language:: English
topic:: EPO

amendment
	The European Patent Convention provides that the European Patent Office is supervised by the Administrative Council of the European Patent Organisation, and that the President of the European Patent Office is responsible for its activities to the Administrative Council. The Administrative Council is composed of representatives of the Contracting States of the European Patent Convention, a clear majority of which is formed by Member States. These representatives shall exercise such measures within their authority to achieve compliance by the European Patent Office with this directive.
justification
This amendment recognises that the Member States are also Contracting States of the European Patent Convention and that Member States have some influence the practice of the European Patent Office, specifically with respect to maintaining high standards of examining patent applications in particular with respect to inventive step and "technical contribution" as defined in this directive. Furthermore, this amendment requires Member States (in Council) to report to the European Parliament each year on what they have actually done to influence the EPO in this regard and on the progress that has been made towards the goal of minimising the grant of undeserving patents.