DG Internal Market, not happy with the consultation results, launched a parallel consultation via the EICs

Bussels, 10 July 2006 - The FFII researched what was behind the SME Panel mentioned in the preliminary findings document published by the Commission last week. It appears that the Commission was not happy with the results of the consultation, and they decided to launch another one through the European Information Centres (EIC) with targeted !SMEs involved with the patent system.

-> [ Secret consultation | Commission chastises EPO ]

The FFII received, from an anonymous source, 7 files that were distributed by the Commission to the European Information Centres in preparation of this extra consultation.

File 1: Instructions

Download: smepanel0601_instructions.pdf

• Brussels, 24/04/2006 Dear SME Panel coordinators, Please find below the information related to the first SME Panel to be organised. SUBJECT OF THE PANEL The first subject submitted to the panel of SMEs will be dealing with the patent systems and the intellectual property rights. The questionnaires and the background documents are attached to this e-mail. The subject of the panel was decided by the two units dealing with the issue: unit D2 in DG MARKT and unit D1 of DG ENTR. DG MARKT D2 launched some weeks ago an on-line consultation on patent systems (translation in German of this part of the questionnaire is available upon request). Nevertheless, taking into account the subject's complexity and the difficulties faced in obtaining answers directly from SMEs,

  ^ DG MARKT considered that the SME Panel tool would be very useful because it would support and complete the results already obtained in the on-line consultation. The objective behind this consultation is to study the possibility for further developing the patent system legal framework. DG ENTR D1 would like to explore the systems implemented at national level and to obtain examples of good practices, in order to evaluate the possibility of elaborating a series of practical recommendations to the Member States. TARGETED SMES The SMEs you should target with the questionnaire are:

  • - Current patent holders - Those who hold a patentable invention but who, for a particular reason (please specify which),
    • have not sought the patent (reasons: price/complicated rules/lack of information etc)
    - SME's who have been sued by patent holders for patent infringement - Any other SME's who have had to deal with the patent system (please specify the circumstances)
  OPERATIONAL INSTRUCTIONS The time allocated to the organisation of the panel is 6 weeks. The reports should be received by the Commission by the 5th June 2006. If you have any question concerning this panel, please contact Virginie Cossoul

  (virginie.cossoul@fcis.cec.eu.int Tel: +32 2 2871534). As explained in the point 3.4 of the call for proposals, the deliverables you must issue are two:

  1. A report elaborated by each participating EIC, summarising the replies collected from the
     • SMEs. There will be as many as participating EICs.
  2. A national report, elaborated by the coordinator, summarising the EIC reports received.
  [...]

File 2: Questionnaire

Download: smepanel0601_questionnair-E.pdf

The questionnaire is the same as the one of the public consultation, but with some other introduction questions about IPRs.

File 3: Cost of a European Patent

Download: smepanel0601_cost_european_.pdf

This is the same document as the one published during the public consultation.

File 4: Comparison of costs

Download: smepanel0601_comparative_co.pdf

This is the same document as the one published during the public consultation.

File 5: Documentation about the Community Patent

Download: smepanel0601_community_pate.pdf

This is a set of Frequently Asked Questions (FAQ) which was not distributed with the questionnaire of the public consultation.

File 6: Documentation about the EPLA

Download: smepanel0601_EPLA.pdf

This is a description of what the EPLA is, and a short comparaison with the Community patent. This document was not published during the public consultation.

File 7: Documentation about the EPO

Download: smepanel0601_EPO.pdf

This document presents the EPO and is rather scathing about its attempts to involve itself in policy work. A small extract:

• "Whilst being basically a patent granting office, the EPO has ambitions to steer patent policy at European and international levels."