European Union Patent - Implementation

Implementation

Articles 326-334 of the Treaty on the Functioning of the European Union provide that a group of member states of the European Union can choose to cooperate on a specific topic. This mechanism is called "enhanced cooperation" and was followed in drafting the instruments of the EU patent. Three instruments have been proposed for the implementation of the EU patent:

• Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection
• Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
• Agreement on a Unified Patent court

The first two regulations are currently under evaluation with the European Parliament, whose rapporteurs have proposed adoption after certain amendments. The parliament postponed its vote on the regulations on 2 July 2012 (which had been planned to take place 2 days later), "shortly after" which the European Council should approve the regulations. The Unified Patent Court regulation constitutes an intergovernmental treaty between the 25 states and signature is planned in "the second half of 2012". Entry into force is planned in 1 January 2014.