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Is the EU Patent Package Still “Broadly Accepted in Substance” or Already About to Fail Due to National Egoisms? (UPDATE)

By On December 8, 2011 · 5 Comments · In EU law, EU Unified Patent Court

Vatican, Stanze die Raphaello, The Battle of Ostia ('Battaglia di Ostia')

Monday’s Competitive Council meeting under the Polish Presidency (Chair: Waldemar Pawlak, Deputy Prime Minister and Minister of Economy of Poland) was intended to finalise the EU Patent Package (i.e. a EU regulation covering the Unitary Patent and the its language regime and an international agreement on the Unified Patent Court). Right after the meeting it appead that, based on a compromise proposal by the Presidency, this aim was missed only by a faily small margin since, as was explained in a nightly press release

[...] The debate took place on the basis of a compromise package drawn up by the Presidency. The compromise was broadly accepted in substance, but the debate showed that further work is still needed. The Polish Presidency is committed to take the work forward with a view to reaching agreement on the creation of a unified patent court before end 2011. [...],

combined with a Presidency tweet according to which “only the seat of the Central Division of the Unitary Patent Court needs to be decided“, apparently meaning that all other issues have been fixed. And in fact, a supplementary press release of the Polish Presidency titled “Agreement on substantial issues of single EU patent” clearly confirmed that

Out of the whole patent package the only remaining issue to be decided is the seat of the central division of the Unitary Patent Court UPC (Court of the First Instance).

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