EU Patent: The Smallest Of All Perceivable Solutions Is C...

The dice is cast: Yesterday, the Court of Justice of the EU issued a damning verdict to pending plans for creating a new trans-EU Patent Court on the basis of an international agreement. Today, the EU Council has nodded through a license for 25 of 27 EU Member States (i.e all Member States except Italy and Spain) to start negotiating on the particulars for an enhanced co-operation in order to create a, well ... not so unified EU Patent (because of it will spare out Italy and Spain).

As far as I have understood that matter the present state of affairs implies that most likely there will be no centralised court system for conflict resolving with regard to EU-2 patents emerging from the envisaged enhanced co-operation. The only way to do the full menue would be to make come true a real miracle: The 25 Member States now participating in the enhanced co-operation would have to agree on a hitherto un-sketched new Patent Court which is

• strictly subordinate to the Court of Justice of the EU, and
• compatible with the EU Treaties despite the fact that not all Member States are participating.

At the time being I do not have the slightest idea as to how to make such a thing technically working but, maybe, brighter minds in the EU Commission are already busily thinking and mooting (Hello Mr. Gaster, are you still involved?).

There are indications that the EU Commission is set to table a proposal for the particulars of the enhanced co-operation by March 30, 2011. Perhaps even more might happen: Reports say that Italy and Spain might go to Court to stop the enhanced co-operation (@mrentem).

(Photo (C) 2011 Hungarian EU Presidency)