With plans for a European Patents Court seemingly shelved, patentees need to continue using the current, sometimes unwieldy system. Jacqueline Needle explains.
The European Court of Justice has decided that a proposed agreement creating a pan-European Patents Court is not compatible with the provisions of the treaties of the European Union, thereby raising serious doubts as to whether any such court will ever be established.
On a more mundane level, representatives before the European Patent Office (EPO) are coming to terms with the effect of all the rule changes that have been made in the last few years. It has become more important than ever to file at the EPO a patent specification fully meeting the European requirements, as opportunities for amendment are becoming seriously restricted.
The need for a European patents court
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EPC, EPO, patent practitioners