Patent number dating

23-Nov-2017 03:56

The European Parliament approved the continuation of negotiations in September.

On 26 April, Herman Van Rompuy, President of the European Council, wrote to members of the Council, saying "This important file has been discussed for many years and we are now very close to a final deal,....

On 17 December 2012, agreement was reached between the European Council and European Parliament on the two EU regulations that made the unitary patent possible through enhanced cooperation at EU level.

The legality of the two regulations was challenged by Spain and Italy, but all their claims were rejected by the European Court of Justice.

In early 2011, the procedure leading to the enhanced co-operation was reported to be progressing.The unitary effect means a single renewal fee, a single ownership, a single object of property, a single court (the Unified Patent Court) and uniform protection—which means that revocation as well as infringement proceedings are to be decided for the unitary patent as a whole rather than for each country individually.Licensing is however to remain possible for part of the unitary that all EU member states except Spain and Croatia now participate in the enhanced cooperation for a unitary patent.

Unitary effect of newly granted European patents can be requested from the date when the related Unified Patent Court Agreement enters into force for the first group of ratifiers, and will extend to those participating member states for which the UPC Agreement had entered into force at the time of registration of the unitary patent.

In January 2013, Advocate General Yves Bot delivered his recommendation that the court reject the complaint.