Unitary Patent Agreement

In October 2007, the Portuguese Presidency of the Council of the European Union proposed an EU patent court that “borrows heavily from the rejected draft European Patent Agreement (EPLA). [117] In November 2007, EU ministers reportedly made progress towards a COMMUNITY patent law system, with “some specific results” expected in 2008. [118] The proposed unitary patent will be a particular type of European patent issued under the European Patent Convention. A European patent, once granted, becomes a “set of enforceable national patents” in the states designated by the applicant, and the unitary effect would effectively create a single enforceable region in a subgroup of these 38 states that can coexist with national patents (classic patents) in other states. [Notes 4] Non-unitary “classic” European patents, intended exclusively for individual countries, which require translation in certain contracting states, in accordance with Article 65 CBE. [Notes 5] One. Either seven years after this agreement came into force, or after finding 2,000 infringement proceedings by the Court of Justice, on the latest date, and, if necessary, at regular intervals thereafter, the Management Committee consults widely on the operation, effectiveness and profitability of the Court of Justice, as well as on the confidence and confidence of users of the patent system in the quality of the Court`s decisions. On the basis of this consultation and an opinion of the Court of Justice, the Management Committee may decide to revise this agreement in order to improve the functioning of the Court of Justice. 1. Without prejudice to the provisions of Article 24, paragraphs 2 and 3, if the object of the patent is a process for manufacturing a new product, the same product, if manufactured without the consent of the patent holder, is considered, in the absence of evidence to the contrary, to be obtained by the patented process. 2.

The principle set out in paragraph 1 also applies where there is a high probability that the identical product was manufactured by the patented process and that the patent holder was unable, despite appropriate efforts, to determine the process that was actually used for such an identical product. The competitive price of annual taxes is a key element in ensuring the attractiveness of the unit patent for companies, especially start-ups. It will also reduce the gap between the cost of patent protection in Europe compared to the United States, Japan and other third countries. When an action by the same party on the same patent is formed before several separate divisions, the first division is competent for the whole case and each division subsequently declares the appeal inadmissible, in accordance with the procedural settlement. the exhaustion of the rights arising from a European patent action for the application for non-infringement of patents and supplementary certificates of protection; (1) In the context of the appeals under Article 32, paragraph 1, point (i), the Court of Justice may exercise any power conferred on the European Patent Office under Article 9 of Regulation (EU) No 1257/2012, including the rectification of the register of unitary patent protection. The negotiations that led to the unitary patent can be attributed to various initiatives taken in the 1970s. At different times, the project or very similar projects have been called the `European Union patent` (the name used in EU treaties and used as a legal basis for EU competence), the `Community patent`, the `European Community patent`, the Community patent[7] and the `COMPAT`. [8] 1.