ALLEA Statement on the Status of the Patent System of the European Union

This statement adds to a statement made by ALLEA on 30 June 2011 on “The Future Patent System of the European Union,” wherein ALLEA expressed the view that the creation of a European patent with unitary effect was long overdue and the possibility of creating a single European patent judicature should be further explored.

In this statement, ALLEA voices its position on the European Parliament’s Regulation No 1257/2012 of 17 December 2012, which implements enhanced cooperation in the area of the creation of unitary patent protection (Unitary Patent Regulation), as well as Regulation No 1260/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements.

In principle, ALLEA welcomes the adoption of the Unitary Patent Regulation and the Regulation related to translation arrangements, as well as the signing of the UPC Agreement, despite the fact that the three legal instruments constitute a complex and complicated compromise, which does not meet all the expectations and whose implementation into practice will have to overcome several hurdles.