Unified Patent Court Proposals Forge Ahead…..

In the May edition of IP Ezine we discussed the progress of the Unitary Patent System in Europe which has been pushed through in record time, after a gestation period of around 40 years, under the EU's "enhanced cooperation" procedure. Draft regulations for the creation of unitary patent protection and applicable translation arrangements are now expected to be voted on by the European Parliament next year. 

Back in May there was no plan for enforcement because the CJEU had found that the European Patents Court Proposal was illegal under European law. However, since then a new litigation agreement outside the EU institutional framework ("the Unified Patent Court Agreement") has been proposed  to operate between interested member states and is being pursued vigorously by the current Polish Presidency of the Council of the European Union.