Court of Justice delivers opinion on European and EU patents Court draft agreement

8 March 2011

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The EPO welcomes the delivery of the opinion of the Court of Justice of the EU (CJEU) on the compatibility of the envisaged European and EU Patent Court Agreement with the EU Treaties published today.

"The concerns voiced by the Court on some points in the proposal in its present form provide important clarification for the further development of the project", EPO President Benoît Battistelli said.

"The European Commission has announced that it will quickly address these concerns in order to find a way forward for the planned patent litigation system. I am confident that appropriate solutions can be found in order to establish a court system which is in conformity with the EU Treaties and which serves the needs and expectations of the users," he said.

"In the meantime we should focus on the unitary patent protection, a project which is independent from the EEUPC Agreement. The EPO supports the approach of the European Commission to continue the process relating to the enhanced cooperation on unitary patent protection ".

Further information

Opinion of the CJEU

CJEU press release

European Commission press release

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