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ARTICLE · 17 FEBRUARY 2013

Ongoing progress towards Europe's "Community Patent"

Moves are afoot to refine the European patent system so that a simpler, cheaper patent is available throughout Europe.

AustraliaIntellectual Property

It is possible to get a "European Patent" granted, but in order to enforce it an applicant must proceed via a bundle of individual patents covering selected countries within the European Union. The present system can be both expensive and complex – and many Australian-based patentees shy away from it as a result. However, moves are afoot to refine the European patent system so that a simpler, cheaper "unitary" patent with effect throughout Europe is available. This article examines progress toward such a patent.

Australian exporters rightly regard Europe as one of the most important and lucrative markets in the world. However, many patent applicants – both local and foreign – have criticised the cost and complexity of gaining patent protection throughout Europe. Whereas the present system of granting and enforcing a patent throughout the respective member states of the European Patent Convention was supposed to circumvent such problems, many find that it only gives

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