European Union Patents: A Mission Impossible? An Assessment of the Historical and Current Approaches

Marquette Intellectual Property Law Review (International Intellectual Property Scholars Series), Vol. 17, p. 231, 2013, Forthcoming

33 Pages Posted: 8 Oct 2012 Last revised: 23 Jun 2013

Date Written: March 10, 2013

Abstract

One of the hottest issues on Patent Law in Europe is the project to establish a “unique” patent for the whole European Union. Although its introduction would lead to unquestionable benefits in terms of efficiency and legal certainty, the project has run into many political and legal obstacles since it started in the 70’s of the last century. In this paper, we succinctly explain the different proposals that during these forty years have been presented to reach this goal and highlight the main problems arising from the latest approach.

Keywords: Patent, Community Patent, Unitary Patent, EU Patent, European Patent, European Patent Convention, European Patent Office, European Union, Opinion 1/09, Enhanced Cooperation Procedure

Suggested Citation

Troncoso, Mauricio, European Union Patents: A Mission Impossible? An Assessment of the Historical and Current Approaches (March 10, 2013). Marquette Intellectual Property Law Review (International Intellectual Property Scholars Series), Vol. 17, p. 231, 2013, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2156035 or http://dx.doi.org/10.2139/ssrn.2156035

Mauricio Troncoso (Contact Author)

Universidad Autónoma de Madrid ( email )

Calle Kelsen s/n
C/Kelsen, 1
Madrid, Madrid 28049
Spain

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