After more than 40 years of discussions, the European Parliament today voted in favour of the “EU patent package,” hot on the heels of the European Council’s approval yesterday.  The EU patent package will create a Unitary EU Patent i.e. a uniform patent which will have equal effect and will be granted, transferred and enforced in a unitary way in most of Europe.  Unitary EU Patents will be granted through the existing European Patent Office, but a new court system will be set up to enforce these patents.

The Unitary EU Patent will, in time, replace the current system of European Patents which – after grant – operate as independent national patents in up to 38 countries.

Today’s vote represents a major political breakthrough, and it is now highly likely that the package will be implemented, although the international agreement creating a unified patent court still requires ratification by individual European countries in order to come into effect.  The EU patent package will enter into force on 1 January 2014 or after 13 European countries have ratified it, whichever is the latest.  The 13 ratifying countries must include the UK, France and Germany.  Spain and Italy have so far decided not to participate in the EU patent package, but are free to opt back in at any time.  The European Commission anticipates that the European Patent Office will grant the first Unitary EU Patent in 2014.