After 40 years of squabbling, the UK, France and Germany have at last come to a compromise over the location of the proposed European Patent Court.

After 40 years of squabbling, the UK, France and Germany have at last come to a compromise over the location of the proposed European Patent Court.

Since 1973 European leaders have been pushing for a single patent system, which would enable companies to make a single application for a patent and receive protection across all 25 EU Member States, to replace the complex patchwork of patent laws that companies have to negotiate in order to protect their inventions in each member state, a process which is both time consuming and costly.

The European Council are aiming to create a single European patent system that will be cheaper and less burdensome for SME’s, allowing for greater support for innovation and boosting growth and competitiveness.

One point which has been the subject of debate has been the location of the seat of the Unified Patent Court. In order to achieve compromise the “central” court has been divided between Paris, which will be the seat of the court, Munich which will opine on cases involving mechanical engineering and London where the court will deal primarily with chemistry including pharmaceutical and biotech cases.

How will it work? No one knows as yet. It remains to be seen how the various different systems in the various different European countries will be melded together to form a single European system. Germany for example has a system whereby it decides on infringement and validity in two different courts, a so called “bifurcated” system. The UK does not. Other matters such as costs and the crucial matters of process and enforcement remain to be clarified over the coming months.

The procedure is unlikely to come into force before 2014, given the need for ratification of the relevant treaty by 13 countries and there will be transitional arrangements to be taken into account. Once in force however, this will be a major change for companies throughout Europe, indeed, throughout the world.

For more information on this topic please contact our life sciences team as follows:

Catherine McLoughlin on 0800 840 4929.

Contact: Catherine McLoughlin

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