Brevet unitaire

Unfortunately, the Commission's proposal for a regulation on the unitary patent does not follow this path. On the contrary, the proposed regulation does not create an EU patent but just use the usual patent granted by the EPO, with a special “unitary” flag, meaning that the validity of such a patent should be considered throughout all participating Member States. And the EU would not be part of the agreement setting up a unified patent jurisdiction. Instead, this court would be common to all participating Member States.