개요로 돌아 UNITARY PATENT

Today, in a series of voting sessions, the members of the European Parliament approved the so called “EU patent package” consisting of two regulations creating the unitary patent and the language regime, as well as an international treaty setting up the unified patent court. Yesterday the plans were also approved by the EU Competitiveness Council. It is expected that the treaty will be signed by the heads of government at a meeting next February. Before coming into effect it must be ratified by at least 13 member states, including France, Germany and the United Kingdom. Under the most optimistic timeline the first unitary patents will be granted in spring 2014.

Further, the Advocate General, Mr. Yves Bot, has given his Opinion in Joined Cases C 274/11 and C 295/11 Kingdom of Spain (C 274/11) and Italian Republic (C 295/11) v Council of the European Union. Mr. Bot proposes that the Court of Justice of the European Union (CJEU) dismiss the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the unitary patent. The Decision of the CJEU is expected early next year.

If the EU patent package enters into force, it will significantly change the prosecution and litigation landscape in Europe.

Download the press releases of the European Parliament and the press release of the Court of Justice of the European Union at:

http://www.mueller-bore.de/tl_files/Decisions_EPO/20121210IPR04506_en.pdf

http://www.mueller-bore.de/tl_files/Decisions_EPO/cp120163en.pdf

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