European Commission Proposes Rules Changes To Create Unitary Patent Court

By Dugie Standeford for Intellectual Property Watch

The final legislative piece needed for the establishment of a unitary EU patent system emerged from the European Commission today.

The proposal to amend the “Brussels I Regulation” [pdf] (Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters) paves the way for a Unified Patent Court (UPC) with specialised jurisdiction in patent disputes, the EC said. This will cut costs and lead to swift decisions on the validity or infringement of patents, it said.

In 2011, 224,000 patents were granted in the United States; 172,000 in China; and only 62,000 in Europe, the Commission said. One reason is the “prohibitive cost and complexity” of obtaining patent protection in the EU single market because patent-seekers must validate their grants in all 28 member states, it said.

The UPC, established by an agreement signed on 19 February, will simplify matters by ensuring that patent challenges are heard only by the specialised court.

The agreement relies on the Brussels I Regulation to determine international jurisdiction of the UPC, the EC said. Its proposed amendment clarifies how Brussels I jurisdictional rules will work in the context of the UPC, and how the rules should be applied in relations between member states, parties to the UPC agreement and member states not party to the pact, the EC said.

The amendment must be approved by EU governments and the European Parliament.