Intellectual Property: Ever closer to an EU-wide patent

(05/01/2010)

The creation of a coherent EU-wide system of patents moved one step closer to fruition on 4 December. Ministers meeting in the Competitiveness Council agreed on a proposed regulation that would establish a single patent valid throughout the EU.

They also adopted conclusions on the creation of a European patents court system that would have exclusive jurisdiction over litigation concerning both the validity and infringements of such patents. Language and the need for translation has been the perpetual stumbling block for this proposal. Ministers avoided the matter by concluding that a separate regulation would set down the translation arrangements. While the details will require further negotiation between governments, other considerations will affect the timescale of adoption.

The Court of Justice has been asked to give its opinion on the legality of establishing the new court system and consequential amendments will have to be made to the European Patent Convention before the EU patent becomes operational.