News concerning the European community patent system

For many years the users of the patent system have called for a uniform Community patent for the European Union. A community patent would, different than the current European patent, be enforceable against patent infringers throughout the entire European Union in a uniform way. Hence, especially for small and mid-size companies the enforcement of their patents throughout Europe would be significantly simplified.

As can be seen from the  December 4, 2009 Declaration of the Council of the European Union  a fundamental consent has been found to both establish a community patent and the necessary European jurisdiction. The community patent would in well-proven manner be granted by the European Patent Office. The envisioned regulations for the system of jurisdiction would mean for Germany that the experienced district courts would remain as first instance. Currently, more than half of the patent infringement suits carried out in Europe take place before German courts.

From the declaration it also follows that specific questions still remain open. In any case, the declaration marks the largest step ahead in this field, and we eagerly await the further development.