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 June 22nd, 2010
During the Intellectual Property Business Congress (IPBC) in Munich one of the more interesting presentations was from Margot Fröhlinger, Director knowledge based economy of the EU Commission (DG Internal Market and Services) who handles the unpopular file on the creation of the EU patent and the creation of a unified patent litigation system in Europe. Who thinks that US Patent Reform is cumbersome, it pales next to the patent reform process in Europe. The issue at hand is the creation of a unified EU patent litigation system, the...
Posted by ipeg on November 15th, 2009
With just a little more than a month left of the Swedish EU presidency, it is time for some reflection. What has been achieved in the case of the intellectual property system during the last 6 months? The Swedish government said it would drive progress towards the much debated Community Patent and the Unified Patent Litigation System (UPLS). So, what happened? Despite years of discussions on the topic of harmonizing the prosecution and enforcement procedures of European inventions, we are still a long way from seeing white smoke billowing...
Posted by ipeg on April 25th, 2009
Recently the European Commission requested the Council to authorize the start of negotiations for the conclusion of an Agreement Creating a Unified Patent Litigation System. Old wine in a new bottle? EPLA (European Patent Law Agreement) intended to address the shortcomings of the present system, where a patent infringement and invalidity claim must be filed in individual European countries. EPLA originated in the EPO and a few active members of the EPC, patent litigators and judges. Now the EU Commission produces its “Recommendation”,...
Posted by ipeg on January 17th, 2006
Recently it was announced that EU Commissioner McGreevy would like to make “one more, last (emphasis on “last”!) attempt to create a low-cost EU Community Patent”. See Financial Times, January 16
It also seems that the Commission has become less hostile to progress on the alternative for the Community Patent, the European Patent Litigation Agreement (EPLA). On 16 January 2006, the Commission confirmed details of its public consultation on improving the patent system in Europe.
Background
The latest draft text of the EPLA...
European IP Case Law (IPPT)