EU Patent

On December 8, the Financial Times reported that 10 countries have decided to create their own European Patent System:

“10 countries have formally asked the European Commission to go ahead on an enhanced co-operation” basis. This rarely-used procedure allows a group of member states to pursue administrative co-operation, even if all EU countries are not involved. The 10 include Denmark, Estonia, Finland, France, Germany, Lithuania, Luxembourg, the Netherlands, Slovenia and Sweden.

On Wednesday, EU internal market commissioner Michel Barnier confirmed that he had received the letter and that the commission would be pursuing the matter. Officials, he said, intended to present proposals on unitary protection (a single EU patent), which would be based on the latest proposals circulated by diplomats in Brussels”.

As published two days later in Europolitics 13 additional States have immediately shown their interest to join the initiative.

This seems a clever movement to avoid the “Spanish language boycott”.

Spanish and Italian’s Prime Ministers, Rodríguez Zapatero and Berlusconi have immediately protested and opposed to the application of the enhanced co-operation (here), but in my opinion the initiative is 100% legitimate.

If Euro currency or Schenghen rules have not been implemented by all member States, why this initiative shouldn’t be adopted?

And once implemented what would Spain, Italy and Poland do? Would these countries remain out of the system? If they don’t join, they risk to remain offside and many of us would then be forced to move to a different country if we want to do some patent litigation.