Academics Confirm Flaws in the Unitary Patent

Abstract

A short time after the Commission has published its proposal for a regulation on the unitary patent, we have raised some serious concerns with regard to the very legality of the regulation and to the political issue of the governance of the European patent system. Now, some academic studies are confirming all issues we’ve raised one after the other. Such serious flaws cannot be ignored anymore and need to be addressed by the EU legislator. Failing to do so, the unitary patent would unavoidably be no more than a stillborn child.

Keywords: EU patent, unitary patent, unified patent court, European Patent Office, EPO, European Patent Convention, EPC, opinion 1/09, enhanced cooperation