The ‘Putting knowledge into practice’ report (INI/2006/2274) adopted by Parliament in May 2007 ‘calls on the Commission and the Member States to propose, in the context of the new Community patent, a procedure for eliminating trivial patents and sleeping patents’. And a resolution on European future patent policy of 12 October 2006 (P6_TA(2006)0416) sets a clear agenda for upcoming talks about a patent judiciary: ‘that the proposed text [for a European Patent Court] needs significant improvements, which address concerns about democratic control, judicial independence and litigation costs,’ and demands ‘that all legislative proposals should be accompanied by an in-depth impact analysis related to patent quality, governance of the patent system, judicial independence and litigation costs.’
1. Is the Council aware of any criteria and instruments to measure patent quality beyond the general dogmatic requirements regarding inventive step and novelty?
2. What steps is the Council attempting to take in order to address the demands of Parliament in the current discussion on an EU‑EPLA and a Community patent?