EC hopes to fill legal gaps for patent protection

The EC said that the changes will prepare the way for a specialised European patent court-the Unified Patent Court-to enter into force once ratified. It said that this would make it easier for companies and inventors to protect their patents. The court will have specialised jurisdiction in patent disputes and therefore avoid multiple litigation cases in up to 28 different national courts, explained the EC in a statement. It is hoped that this new system will cut costs and lead to swift decisions on the validity or infringement of patents and help boost innovation in Europe.hideThe proposal forms part of a package of measures recently agreed to try and ensure unitary patent protection in the Single Market (IP/11/470). "By making changes to the rules on recognition of judgements, we are paving the way for the new Unified Patent Court to begin its work. In the event of a dispute, companies will no longer have to launch actions before a number of courts in different countries," said Vice-President Viviane Reding, the EU's Justice Commissioner. "Removing bureaucratic obstacles, extra costs and the legal uncertainty of having 28 different and often contradictory systems makes the single market more attractive. This is a very good example of how justice policies can stimulate growth," she added. Internal Market and Services Commissioner Michel Barnier added: "It is of crucial importance for Europe's competitiveness that innovators benefit as quickly as possible from the multiple benefits of the long awaited European unitary patent. The political agreement of December 2012 marked a major breakthrough, but the unitary patent will become a reality once the Unified Patent Court is established. We need to achieve this as quickly as possible, and today's proposal is another important step in that direction." The EC said that the figures 'speak for themselves'. In 2011 some 224,000 patents were granted in the US, in China the number was 172,000 while in Europe only 62,000 European patents were delivered. The EC explained that one reason for this big difference is the prohibitive cost and complexity of obtaining patent protection throughout the EU's single market. "At present, someone seeking to obtain Europe-wide protection for their invention has to validate European patents in all 28 EU member states. The patent holder may become involved in multiple litigation cases in different countries on the same dispute. But this will change in the near future thanks to the agreement on the unitary patent package," explained the EC. The Unified Patent Court was established under an agreement signed on 19 February 2013 (PRES/13/61). The EC said that it will simplify procedures and lead to quicker decisions, with just one court case before the specialised court instead of parallel litigation in national courts. "The court will be able to deliver judgements on the validity and the infringement of European and unified patents for all the contracting states, avoiding parallel proceedings and divergent outcomes. 25 member states are participating in this unified patent framework, which is open to all member states," stated the EC. The proposal will now need to be agreed by member states and by the European Parliament before it can become law. The Commission said that it also encourages member states to ratify the Unitary Patent Court Agreement as quickly as possible, and to complete accordingly the preparatory work required for the court to become operational, so that the first unitary patents can be granted in the 'shortest possible timeframe'.

EC hopes to fill legal gaps for patent protection

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