Esquisse d’une solution alternative à la Juridiction unifiée du brevet (Unified Patent Court)

Bernard Remiche shared some criticism about the Unified Patent Court Agreement and the so-called Unitary Patent system for the European Union. A group of academics across Europe adopted a motion last year calling for studying possible alternative solutions including improvements to the Patent Package. This contribution proposes an alternative system largely inspired by the European Union trademark and Community design. On the one hand, the system would include a regulation defining the material law (patentability, infringement, etc.) and a litigation regime of the European Union patent in which, in addition to the national courts, the European Patent Office and the General Court would play an important role. On the other hand, there would also be a directive harmonizing the material law for national and European patents. For the latter, slightly modified international jurisdiction rules would apply.