Pharmacapsules @ Gowlings: December 14, 2012 - Volume 11, Number 11

Edited by Isabel Raasch and Jennifer L. Wilkie

Creation of a European Unitary Patent

By: Scott Foster

On December 11, 2012, the European Parliament approved a legislative package that is aimed at establishing a single unified European patent system. 

Under the current European system, an applicant files a single patent application at the European Patent Office.  If the application is granted, the single application becomes a bundle of national patent rights in each of the European countries selected by the applicant.  After grant, there are significant translation fees (to translate the single application into numerous languages) and each individual patent requires the payment of annual renewal fees to keep it in force.  It has long been recognized that the current system is expensive and may create a hurdle to small and medium-sized enterprises.  Also, under the current system, legal proceedings concerning the validity or infringement of any