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05. March 2010

European Patent Office

Election of Mr. Benoît Battistelli as President of the European Patent Office

On 1 July 2010 Mr. Benoît Battistelli will begin his term as the 6th President of the European Patent Office (EPO). Mr. Battistelli, who is currently the Director General of the French Institute for Industrial Property (INPI) and Chairman of the EPO's Administrative Council, will be the 2nd French national to hold the office of EPO President since the office was established in 1977. Since France has a more limited patent administration capability than other member states of the European Patent Organisation, such as Great Britain and Germany, the French generally support a stronger role for the EPO in comparison to national patent offices.

In addition to supervisory responsibilities, the powers of the EPO President include the proposal of members of the Boards of Appeal and the Enlarged Board of Appeal for approval by the Administrative Council, the proposal of amendments to the Implementing Regulations of the European Patent Convention (EPC), and referring points of law to the Enlarged Board of Appeal where two Boards of Appeal have given different decisions on a particular question.

Unlike his predecessor Ms. Allison Brimelow, who served only 3 years due to a political compromise, Mr. Battistelli will be in office for a full 5 year term. Mr. Battistelli was elected on 1 March 2010, after 3 previous attempts to appoint an EPO President failed. A candidate for the office of EPO President must obtain three-quarters of the votes cast by the Administrative Council in order to serve as President. The Administrative Council is composed of two representatives from each member state, and in general, the representatives on the council are the heads of the national patent offices.

In an interview with the Institute of Professional Representatives before the EPO (EPI) regarding his candidacy for the position of EPO President, Mr. Battistelli emphasized his management experience, his international background and his knowledge of institutions in the European Union. He also indicated that he would apply his experience in modernising the INPI and work towards finalizing negotiations regarding the Community patent. Finally, Mr. Battistelli emphasized the importance of improving the Patent Cooperation Treaty and supporting initiatives of the World Intellectual Property Organization.

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