One Step Closer: The Single European-Wide Patent

The prospect of a single European-wide patent moved a step closer at the end of June 2011 when European Union ministers formally agreed to begin formal talks with the European Parliament and EU Commission on setting up a common patent system.

At a special Competitiveness Council meeting in Luxembourg, industry ministers finalised a general approach for the EU patent and agreed on its translation regime. Ths system includes agreement on using just English, French and German for Europe-wide patent applications. The European commissioner for the internal market, Michel Barnier, said that a unitary patent system was now: “within reach” and that: “If we maintain our present momentum and co-operative spirit, a unitary patent in Europe could be a reality within the next two years.”

As the Italian and Spanish delegations continue to object to the proposed language regime, the patent proposal is being pursued under the so-called “enhanced cooperation” scheme, which allows the remaining 25 EU states to go ahead with cooperative measures without the participation of Italy and Spain. As both countries have opted out of the system, patent applications in those two countries will still need to go through national patent registration requirements. However, Italy and Spain have lodged a legal challenge with the European Court of Justice, arguing that the new enhanced co-operation procedure should not be used to bring in the EU patent system.

Although the Council and Presidency have now agreed on the technical details of the unitary patent, the issue of which court will enforce the unitary patents still remains unresolved following the decision of the European Court of Justice that: “The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty.”

Unless an EU patent can be enforced through a central court, it is difficult to see how the benefits of the Community Patent can be fully realised.

Ian Grey 04 Jul 2011

Return to news list