I read the article ‘An EU patent without Italy? Malta ready to explore the idea’, published in The Malta Independent on 30 November. I guess some clarifications could be helpful to correctly present the position of Italy on this relevant issue.

At the Competitiveness Council of 10 November we took the following position:

• EU patents should be accessible in English (language customary in the field of international technological research and publications) and the English language should have legal effects, also in case of dispute;

• applicants should have the option, if they so wish, of choosing the language for filing the application;

• any proposal of a linguistic regime giving an equal preferential treatment to the three EPO (which is not an EU body) languages (French, English and German) would not be acceptable for us.

We attach great importance to the creation of an EU patent, which we consider a vital element for the competitiveness of European companies. We are therefore ready to work for a balanced solution, acceptable by all 27 member States, satisfying three fundamental principles: no discrimination, including on the basis of language, cost reductions for the companies, and legal certainty.

The use of the instrument of the enhanced cooperation, recently proposed by some member states, is politically divisive, incompatible with the internal market, discriminatory and harmful to the interests of Italian companies. We therefore believe that it is in contrast with the provisions of the Treaties (and hence could be contested on legal grounds) and with the principle of sincere cooperation by which all EU member states should abide.

Italy is not the only country which goes against the hypothesis of enhanced cooperation on EU patent matters.

Luigi Marras

Ambassador of Italy to Malta