Latest publicly available version of the Proposal for a Regulation on Unitary Patent
Latest (9th) draft of the Rules of Procedure for the Unified Patent Court.
Links below to:
Library of relevant documents collated by Pierre Véron dated 2010.
Library of relevant documents collated by Pierre Véron dated 2011.
Library of relevant documents collated by Pierre Véron dated 2009
The two countries whose refusal to go along with the current EU unitary patent proposals lead to the adoption of the enhanced cooperation procedure, have vowed to appeal that adoption. The adoption was today ratified by the council ministers for the remaining 25 member states. Both Spain and Italy remain strongly opposed to the underlying proposals, however, and maintain that progressing those proposals without their participation is discriminatory. Other members states, such as Slovakia, which are part of the coalition of the willing have indicated that they are yet to fully digest the ramifications of the recent CJEU decision, indicating that they may yet chose to withdraw from the co-operation procedure in light of the opinion.
The CJEU has today handed down its long awaited analysis of the legality under present EU law of the proposed Community patent arrangements. The judgment is attached, together with the Court’s press release summarising its decision. The Court appears to have concluded that fact that the proposed European and Community Patents Court would not cooperate with the CJEU in the same way as the national courts would do means that it is incompatible with EU law. Further analysis of the full decision will be available shortly.
On 15th February, the European Parliament approved the use of the EU enhanced cooperation procedure to create a common EU patent system. If approved by the meeting of the Council of Ministers on March 10th, it will be only the second time in the European Union’s history that the procedure has been adopted, and will allow the unitary patent proposal to proceed in 25 of the 27 Member States (excluding Spain and Italy).
See link for European Parliament press release
And also the European’s original proposal for the procedure to be adopted from 14 December of last year (which contains an interesting short summary of the 10 years worth of twists and turns the translation saga has taken to date)
The ECJ has announced that on Tuesday 8 March 2011 it will hand down its decision on the Opinion 01/09 on the Patent Agreement(PCA).