Jumping into the void without a parachute? The fate of the European patent system

This week has been a mixed bag for the development of a single patent granting and enforcement system in Europe. Whilst the proposal for a Unitary Patent was given the go-ahead yesterday by the Council to proceed under the enhanced cooperation procedure (with 25 out of 27 EU countries in support), the proposed European and EU Patent Court system (the so-called "EEUPC") was dealt a blow on 8 March as the Court of Justice (CJEU) pronounced the Draft Agreement incompatible with the EU treaties.

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