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Advocate General turns downs EU patent

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The Advocate General of the European Court of Justice has found flaws in the idea of the Community Patent and a European Patents Court.

The proposed system for the EEUPC (European and European Union Patents Court) could pave the way for the creation of the Community Patent (recently re-named as the European Union Patent). However, the Advocate General concluded that 'As it stands at present, the envisaged agreement creating a unified patent litigation system is incompatible with the treaties'.

According to the Advocate General, the proposed arrangements are incompatible with EU law in four major respects, including that the language regime of the Court’s proposed central registry (which would conduct litigation in the language of the patent - English, French or German) is not compatible with the rights of defendants who do not work in these languages.