EuropeWill the European Patent Court ever become reality?

Europe has a long and chequered history when it comes to patent law. Efforts to establish a single EU patent and a European Patent Court system have been ongoing for years. However, more recently, discussions have gained momentum and have even led to the adoption of a draft agreement on a European Patent Court by the Council of the European Union (March 2009), and some rather promising conclusions adopted by the council in December 2009. These are the results of years of intensive discussions among the (now 27) EU member states. However, a recent opinion of the advocates general takes the position that this system does not accord with the EU Treaty. This has seriously jeopardised the chances of creating a single EU patent and a uniform European Patent Court, since it is likely that the Court of Justice of the European Union (ECJ) will follow it.

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