EU Unitary Patent System – The State of Affairs

1. 29/10/2011 – EU Unitary Patent System EU Unitary Patent System – The State of Affairs Heinz Goddar Boehmert & Boehmert

2. 29/10/2011 – EU Unitary Patent System Position of European Court of Justice (ECJ) • March 8, 2011: ECJ declares former drafts for a unitary patent and patent court system in Europe as inconsistent with EU treaty • Pending at court: Complaint of Italy and Spain that present (new) proposals of EU Commission for unitary patent system in EU are inconsistent with EU treaty • reason: translation regiment regulations according to Italy/Spain need unanimous decision of all EU member states

3. 29/10/2011 – EU Unitary Patent System Position of EU Commission • „Paper“ COM(2011) 215 final (2011/0094 (CNS)) of April/ June 2011 lawfully creates unitary patent system of EU member states except Italy/Spain • EU patent embedded in EPC, „regional“ patent for all EU countries except Italy and Spain • regional patent can be requested after grant of EPC patent • „Paper“ COM(2011) 261 final (2011/0093 COD)) of April/June 2011 clarifies lawfully translation question: • If EPC patent in English, translation into one other official EU language, if not in English, into English • For transitory period (e.g. 15 years?) machine translation of patent into English

4. 29/10/2011 – EU Unitary Patent System Problems of Present Situation • No proposal yet for unitary EU/EPC patent court, which only could cover EU member countries of EPC • e.g. Switzerland would be left aside • Might jeopardize EPC as such