Critical analysis of the Draft Agreement on a Unified Patent Court

On 14 November the Council of European Union proposed a Draft Agreement on a Unified Patent Court. This agreement is part of a legal package to establish an EU Unitary Patent which aims to accelerate the granting of patents within the EU.

Amongst other things, the Draft Agreement provides regulations on procedural issues of the Unified Patent Court such as oppositions and appeals and the competence of the court. It also gives a list of exemptions that are limiting the effects of the EU patent. By doing so, it goes far beyond the provisions as tabled by the Council in December 2011 as Presidency compromise text (18239/11 PI 181 COUR 78).