14 July 2011

Introduction of the European Unitary Patent Moves a Step Closer

Introduction of the European Unitary Patent Moves a Step Closer

The Competitiveness Council of the European Union has recently agreed two proposed regulations which pave the way for the long awaited creation of the European Unitary Patent (sometimes referred to as the European Patent or EP Patent). The establishment of the Unitary Patent is supported by 25 of the 27 Member States with only Spain and Italy opposed to its implementation.

The proposed regulations relate to the technical effect of the unitary patent and to the language requirements. According to the draft regulation, during a transitional period lasting 12 years from the introduction of the regulation, applications in English will be required to be translated into any other official language of the European Union and applications in French or German will be required to be translated into English. Additionally, in order to facilitate access to unitary patents for SMEs, the patent application will be able to be filed in any official language of the Union and translation costs will be reimbursed.

A further draft agreement on a unified patent court has also recently published, in order for the court to be established, the agreement must to be supported by both the EU Council of Ministers and the European Parliament. This is likely to be still some way off.