Commission opens the way for some EU member states to move forward on a unitary patent

The European Commission yesterday presented a proposal opening the way for "enhanced cooperation" to create unitary patent protection in the European Union. Such unitary patent protection would allow those EU member states that so desired to agree to establish a patent, valid in all participating countries, that could be obtained with a single application.

Keith Hodkinson, chairman at leading intellectual property firm Marks & Clerk International, comments on the announcement: “The countries supporting the mini-European patent are the key markets in most industries. Having such a patent could also pave the way for reciprocal recognition of judgments and in effect create a central patent enforcement regime covering the twelve countries, which we would welcome, given the problems with the European Patent Litigation Agreement.”