Points of principle: the Unitary Patent package


European patent reform is getting closer. A June 2012 deadline has been set for participating EU member states to agree on a final unitary patent package, but not everyone is happy with it. WIPR finds out more.

The turn of the year signalled an end to the Polish Presidency of the Council of the EU and its chances of creating a unitary patent and patent court in Europe. The “last outstanding issue in the patent package” is the location of the central seat of the Unitary Patent Court (UPC).

But the participating member states (all EU member states except Italy and Spain) are aiming to come to a final agreement on this by June 2012 at the latest, which is the end of the current Danish Presidency of the Council of the EU 2012.

The unitary patent package, which consists of agreements that provide for unitary patent protection, a unified litigation system and translation arrangements, is a complicated affair. Consensus on the previously tricky aspects, such as the Court of Justice for the EU’s (CJEU’s) role in any unitary patent litigation system and the translation arrangements, has been reached.

Patent reform, UPC, CJEU