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