May 23, 2012

European Union Takes Steps Towards Common Patent System

Dinsmore & Shohl LLP
Jacob A. Manning
Dinsmore & Shohl LLP
Monday, March 8, 2010
Intellectual Property
United Kingdom / All International
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In December, the European Union took important steps towards EU-wide patent protection, agreeing to several key elements of a common patent system. The action taken by the EU Council is seen as important progress in negotiations that had largely been stalled since 2004.

The EU Council reached an agreement in several areas, with the remainder to be negotiated in the coming months. The Council agreed to establish a single EU patent and agreed to create a new EU patent court system, which will reduce or eliminate the need for litigation in multiple national venues and bring more uniformity to the law. The Council also reached some agreement as to renewal fees for EU patents, distribution of patents, and Enhanced Partnership by Contracting States under the new patent system. The draft agreement is currently being examined by the European Court of Justice which must deliver an opinion on the compatibility of the draft agreement with the EC Treaty. The opinion is expected at the earliest by summer 2010.
 

© 2012 Dinsmore & Shohl LLP. All rights reserved.

About the Author

Jacob A. Manning
Associate

Jacob A. Manning is a member of the Litigation Department. Jacob maintains a diverse litigation practice, and represents a wide variety of parties in civil litigation in state and federal courts in West Virginia, Ohio, and Pennsylvania. He has successfully represented clients before appellate courts in each jurisdiction.

In particular, Jacob focuses a significant portion of his practice on construction law and represents owners—particularly public entities—contractors, subcontractors, and material suppliers in litigation as well as during contract negotiations. Jacob...

jacob.manning@dinsmore.com
304-230-1604
www.dinsmore.com

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