[ Open Letter to MEPs ]

Brussels, June 22th 2012

To : Members of the European Parliament | meps@ultimatecircle.eu
Subject : Warning | Unitary Patent to be voted on 4/07/2012

Dear Members of the European Parliament

Seven years ago, the European Parliament rejected the Software Patents Directive with an overwhelming majority of 648 votes vs 14. Michel Rocard, rapporteur on the Directive, commented : "Rejection is a message directed at the European Patent Office. The European Parliament has refused to ratify the recent judicial errors. If these errors were to continue, it now seems clear that a parliamentary majority would emerge to put a stop to them." The errors referred to were the EPO Board of Appeal case law in favor of trivial patents such as software patents, formally forbidden by the 1973 European Patent Convention.

Today, YOU as Members of the European Parliament are about to vote on the Unitary Patent which purpose is to give a unitary effect in all members states to patents delivered by the European Patent Office. The regulation does not mention any quality requirement nor relevant substantive law, apart from the European Patent Convention and EPO internal case law. As a reminder, the European Union has no control over the EPO, which is an independent institution auto-financed depending on the number of patents delivered.

Don't be distracted by arguments in favor - mostly about simplification of the system and reduction of delivery costs. In practice, the Unitary Patent will lead to a flow of low quality patents enforceable all over Europe, with multiplication of law suits, endangering the whole European industry. Excessive litigation costs have to be expected. Small and Medium Enterprises will be the first expelled from the market.

Give a chance to European constructive innovation as the key to E.U. future and table amendments before Wednesday 27/06 :

https://www.unitary-patent.eu/sites/www.unitary-patent.eu/files/amendments_unitary_patent_eu.pdf

More information on the Unitary Patent :

- Detailed legal analysis :
https://www.unitary-patent.eu/content/legal-basis-unitary-patent-do-not-play-fire
- Academics confirm flaws in the unitary patent :
https://www.unitary-patent.eu/content/academics-confirm-flaws-unitary-patent
- 15' video explaining issues at stake :
https://www.unitary-patent.eu/content/presentation-about-unitary-patent

Yours respectfully

Alexandra Combes | Ultimate Circle
www.ultimatecircle.eu | info@ultimatecircle.eu
39 Chaussée de Haecht 1210 Brussels Tel. +32 495 12 25 79

With headquarter in the heart of E.U. capital Brussels, Ultimate Circle is a citizen lobby spreading awareness on digital and technical innovation challenges. Mostly focusing on European public affairs, promoting appropriate policies and healthy practices, Ultimate Circle is notably concerned about intellectual property drifts.

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