Background: Community patent

On 1 August 2000, the Commission proposed the creation of a Community patent by way of an EC Regulation.

After a Council Common Political Approach in 2003, the Council failed on a number of occasions to reach the required unanimous agreement on all the aspects of the draft Regulation, in particular as regards the envisaged translation arrangements. Negotiations stalled and a final agreement was not reached.

In January 2006, the Commission launched a public consultation on how future action in patent policy could best take account of stakeholders' needs. The Questionnaire on the patent system in Europe published on that occasion by the Commission focuses on three major issues:

• the Community patent,
• how the existing European patent system could be improved in the near future and
• possible areas for harmonisation.

The EPO's reply to the Questionnaire has been made public. 

The consultation process has brought renewed attention to projects which have been suffering from the deadlock of the years 2004-2005 as well as new momentum to the arduous endeavour of reforming patent law in Europe. On 12.7.2006, the Commission hosted an open hearing in Brussels. The stated aim of the hearing is to initiate a second phase of the consultation, at the end of which the Commission will present its views on the future patent policy in Europe.

In preparation for the hearing on 12.7.2006, the Commission published its preliminary findings of the consultation. In addition, a short report on the hearing has been made available together with most speeches and presentations given at the hearing, including the intervention by Professor Pompidou, former President of the EPO. 

On 29.3.2007, the Commission adopted the communication "Enhancing the patent system in Europe". This re-launched the patent reform debate in the Council, in particular on the idea of creating a Unified Patent Litigation System (UPLS), which is now being referred to as the European and EU Patents Court (EEUPC). This jurisdictional system would have exclusive competence as regards actions for infringements and actions or counterclaims for revocation concerning both European and EU patents.

On 24.03.2009, 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). The court structure to be established in the framework of the UPLS would have jurisdiction concerning the infringement and validity of both existing European patents and future Community patents.

The UPLS should be created by the conclusion of an agreement in accordance with the procedure foreseen by Article 300 EC involving the Community, its Member States on the one hand and Contracting States of the EPC which are not EU Member States on the other hand.