EU Patent (Regulation)
The EU patent is a third option flanking the national and the European patent and providing EU-wide patent protection. At the same time, a European patents court system is to be established. The aim of the EU patent is to provide applicants with an easier and cheaper EU-wide patent protection. With a court for European patents and EU patents, the solving of legal disputes on patent granting and patent infringements is to be more consistent and calculable as it avoids parallel proceedings before national courts.
The EU patent facilitates the free movement of goods, services and investments. The limitation of translation requirements for EU patents leads to cost savings as the EU patent becomes much cheaper than the European patent. The European and EU Patents Court contributes considerably to legal certainty. Moreover, it lowers the law enforcement costs for both the European and the EU patent significantly. Legally critical aspects of the Draft Agreement on a European and Community Patents Court can be corrected selectively in order to ensure the Agreement’s consistency with EU law.