European Commission adopts recommendation on a Unified Patent Litigation System

Mon, 06 Apr 2009 10:59:27 +0200

The European Commission has adopted a Recommendation to the Council that would provide the Commission with negotiating directives for the conclusion of an agreement creating a Unified Patent Litigation System (UPLS). Indeed, the diverse competences in the field of patents imply involving the European Community, its Member States and other contracting parties of the European Patent Convention, such as Switzerland and Norway.

The court structure would basically be composed of a decentralised first instance, a single appeal instance and a role for the European Court of Justice (ECJ). It should have jurisdiction on both European patents and future Community patents.

According to the Commission, the current patent litigation system, which is complex, slow and costly, would increase legal certainty and efficiency, helping to stimulate innovation and competitiveness. It would also render the patent system more affordable, in particular for SMEs.

The court structure to be established in the framework of the UPLS would have jurisdiction both for existing European patents and for future Community patents. This constitutes a further significant step in the pursuit of the EU's patent reform agenda.