Posted by ipeg on April 8th, 2011
The recent opinion by the European Court of Justice that the proposed EU Patent Court contravenes EU law, has caused many to believe that the EU patent court is at a dead end and that it is difficult – if not impossible – to revive. Jochen Pagenberg, one of the fierce proponents of the EU Patent Court and always prepared to find new solutions for old problems, is pessimistic. In his article “Little Hope for an EU Patent Court after the CJ Opinion” he wonders whether amendments could render the Proposal for an Agreement...
Posted by ipeg on March 8th, 2011
On March 8, 2011 the highest EU Court, the European Court of Justice (ECJ) gave its ruling on the draft EU Patent Court or EEUPC. It does not look good at all, as the court concludes:
“The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty”.
This is worse than anyone could have thought. It seems that a revival of EPLA is the only reasonable option now to come to some unified patent...
Posted by ipeg on February 21st, 2011
It seems like the proper moment to provide an update on where we are with the creation of a single EU patent and how this EU patent, once created, will be dealt with in Court if it comes to infringement or validity challenges. Some recent development indicate that momentum is gaining for the adoption of a unified EU or Unitary Patent and potentially also on litigating EU patents in Europe on the basis of unified rules.
Recent Encouraging Developments
Firstly, last week, the EU’s MEPs agreed on creating a single EU Patent via the...
Posted by ipeg on September 25th, 2010
The struggle to reach a single European Patent Court dominates “patent politics” in 2010 (see our June blog[1]). In September, some 120 patent judges from European Patent Convention states as well as guests from the US and Japan met in Lisbon discussing recent developments in European patent law. Did they brought what is now called the European and EU Patent Court (EEUPC) closer to becoming reality? Apart from the usual niceties and exchanges of good intentions, basically no progress has been made. All judges and attorneys and guests...
Posted by ipeg on June 1st, 2010
The creation of a new European Patent System meets some firm opposition and obstacles from various sides. Debates have been going on for decades now whether we should have a EU – or in older terms “Community” – Patent. Presently, the only “European” patents[1] that exists next to “national” patents are those granted by the European Patent Office (EPO) in Munich according to the Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention...
European IP Case Law (IPPT)