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On Tuesday May 5th, 2015, the Court of Justice of European Union has validated regulations on the unitary patent. This site is left open for archive purpose but isn't updated anymore.


On April 13th 2011, the European Commission has proposed a “regulation implementing enhanced cooperation in the area of the creation of unitary patent protection”, that has now to be voted by the European Parliament and the Council of European Union.

This regulation is the last step in a series of attempts – that have failed for over sixty years – to set up a common patent valid in all Member States of the European Union (EU).

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Watch this video for a complete overview.

Despite the mandatory auto-congratulating communication from the Commission, the proposal is quite disappointing with regard to the major challenge posed: designing a patent system that would fulfil expectations, namely to efficiently foster innovation in Europe.

This site is an initiative to bring an expertise to the European Parliament in order to get over these drawbacks by improving the regulation and to actually build a democratic innovation policy in Europe. It provides raw materials and tools to any citizen who wants to take part in this process.

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Legislative files

Last versions as voted by the Parliament and the Council on December 11th and 17th, 2012

Justification for a unitary patent

The objective of the present enhanced cooperation is to create a unitary patent and its associated translation arrangements. Well. But how unitary would be this patent whereas in Europe, there is already the centralised Munich Patent Office that grants patent for the whole continent?

The enhanced cooperation

For this regulation on the unitary patent, ministers of Member States have decided to legislate, not among 27, but only among the 25 participating Member states. This is called an enhanced cooperation. This procedure is allowed by the EU Treaties in order to limit risks of blocking when a consensus cannot be reached between all Member States.

Main drawbacks of the Commission's proposal

  • There are serious doubts that the legal basis of the current proposal are legally wrong.
  • There is no EU patent, just the usual EPO European patent bundle with a "unitary effect" flag, that makes them enforceable throughout the territories of participating Member States, without paying validation/renewal taxes in each and every designed national patent office.
  • The "unitary effect" of these patents is just a fiction as long as the jurisdiction in charge of the enforcement of such patents has not been

About this site

On Tuesday May 5th, 2015, the Court of Justice of European Union has validated regulations on the unitary patent. This site is left open for archive purpose but isn't updated anymore.


Patents in Europe: Barnier's mess

On March 10th 2011, the Commission and the Council of the European Union rejoiced in a press release about the decision taken in the morning by the Council, to authorize "an enhanced cooperation among Member States for the creation of a unitary patent title". But these fine statements were shattered by the next press conference: questions from a couple of reporters regarding a decision from the Court of Justice of the European Union on the very same subject embarrassed, at the very least, Commissioner Barnier. The deciphering of this Council meeting gives us the opportunity to explain this complex but essential issue in the fight against software patents, in which April is engaged.

Analysis of the opinion from the European Court of Justice on the unified Patent Court

On March 8th 2011, the Court of Justice of the European Union (CJEU) published its opinion on the compliance of the Patent Court (PC) draft agreement with European Union (EU) Treaties. This opinion was long-awaited for: the setting up of an unified jurisdiction is a pillar of the unitary patent currently discussed in Brussels. As April expected, the CJEU curtly axed the project, underlining its incompatibility with the EU basic principles.