Seán Kyne (Galway West, Fine Gael)
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319. To ask the Minister for Jobs, Enterprise and Innovation if he shares concerns that the efforts to create a unified European Patent registration and regulatory system, while in itself an excellent and logical step, may facilitate patent assertion entities that file patents in an obstructive and opportunist manner to the detriment of genuine innovation and if he will pursue the matter at European level. [41116/13]

Richard Bruton (Dublin North Central, Fine Gael)
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I am pleased to note the Deputy's positive disposition generally towards the introduction of unitary patent protection among participating EU Member States and a system of enforcement through the setting up of a Unified Patent Court. This initiative has been a very long time in gestation and progress was stalled on so many occasions over the past four decades so it is timely to bring this work to finality and make it a reality for the business community. Concerns around the cost of patenting an invention in Europe and protecting that patent from infringement relative to other major competitor countries have driven this initiative and it is one of the outstanding objectives necessary to complete the single market and allow for growth in innovation by making patent protection more accessible and patent enforcement more cost effective.

Since the signing of the Unified Patent Court Agreement in February of this year, work on the modalities of the Court is being undertaken by a Preparatory Committee composed of representatives of the twenty five signatory States, including Ireland. One aspect of the Committee's work involves development of a set of standardised rules of Court to apply in all instances of the Court regardless of geographic location. This is pivotal in ensuring that judgements and decisions are taken on the basis of standard applicable rules in all instances of the Unified Patent Court and will be important in trying to rule out the activities of patent assertion entities referred to by the Deputy. Under the Agreement setting up the Unified Patent Court, the central Court is to be located in Paris, Munich and London. In addition, Member States may set up a regional Court in which a number of Member States will participate or, certain Member States may opt to set up a local instance of the Court in their own jurisdictions.

A draft text of the Rules of the Court is currently the subject of public consultation as well as the procedures applicable to all instances of the Court. The submissions received as part of this consultation, which is open until 1 October 2013, will further inform the development of the Court Rules. I understand that a number of companies have made submissions to the Committee already and I am confident that any concerns raised during this process, including rules to prevent the activities of patent assertion entities, will be considered in full by the Committee.