Unitary Patent (25/27 EU Patent) Finally Authorised by EU Council, But Critical Issues Still Exist

[EU Commissioner Barnier and Hungarian Council Chair Cséfalvay] After the European Parliament gave its consent on 15 February (see earlier post), the EU Council authorised the launch of enhanced cooperation for creating the Unitary Patent, covering 25 of the 27 EU Member States (see press release) on March 10. As expected, Spain and Italy did not join the plans due to the proposed language regime based on English, French, and German, as set out by the European Patent Convention (Art. 14 EPC). The two 'reluctant' nations argued that applying enhanced cooperation has a number of legal deficiencies and that the three-language regime is discriminative and unfair to their companies over those from Great Britain, France and Germany, who may file patent applications in their mother tongues. An indication of how serious Spain and Italy may take such issues could be the rumours on twitter saying Spain and Italy might go to court to stop the train. For now, the 25 supportive Member States can start negotiating the merits of that agreement under enhanced cooperation. Commissioner Barnier already promised that "as of 30 March" the Commission would present draft regulations on the creation of the patent and the language regime (see here) ...Zum vollständigen Artikel

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