A WORLD OF IPR OPPORTUNITIES...
With unanimity in the EU Competitiveness Council, it seems that we have come closer to an actual EU patent
Last week, the EU Competitiveness Council unanimously adopted a general recommendation for a motion for an EU patent which in its final form shall give patentees the opportunity to obtain protection in the whole EU with one patent. Such a patent may provide the modernisation of the European patent system which many companies have demanded for years as with a common system it will be far easier both to obtain and maintain one's patent in the whole of Europe. At the same time, the ministers from the EU countries have undertaken to politically keep working towards the establishment of a common European patent court.
Eventhough the Competitiveness Council has adopted a recommendation, there is unfortunately a high risk that it may last both five and ten years before the EU patent becomes a reality. The motion must partly be adopted in the European Parliament and agreement must partly be reached for example in questions of translations and fees. Finally, there are questions of case handling and administrative processes connected with this.