Travaux préparatoires to UP and UPC

Collection of travaux préparatoires to UP and UPC

This collection of travaux préparatoires contains documents from three distinct periods.

Part I. The focus of the collection is on the period 2007 to 2013, when a group of 25 EU Member States, the institutions of the Union and representatives of user associations and of European patent judges, together with the EPO, were working towards adopting the legal instruments needed to reform the patent system in Europe. Major milestones in this endeavour were reached in late 2012 and early 2013 with:  

• the adoption on 17 December 2012 of  
  • Regulation (EU) No 1257/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection, by the European Parliament and the Council, and 
  • Regulation (EU) No 1260/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, by the Council; and 
• the signature on 19 February 2013 of the Agreement on a Unified Patent Court, by 24 EU Member States. 

Part II. Over the following period, from 2013 to 2023, various preparations were made for the launch of the Unitary Patent and the start of operations of the Unified Patent Court: 

• the framework for implementation of the Unitary Patent at the EPO was prepared by the Select Committee of the European Patent Organisation’s Administrative Council; and 
• preparations for the start of operations of the new Unified Patent Court (UPC) were carried out by the UPC’s Preparatory Committee. 

On 1 June 2023, the Unitary Patent was launched at the EPO and the Unified Patent Court opened its doors, making a project which had been under discussion since the late 1950s a reality.

Part III. Some of the texts discussed in the early stages of the project are of relevance although they never entered into force. 

• the framework for implementation of the Unitary Patent at the EPO was prepared by the Select Committee of the European Patent Organisation’s Administrative Council; and 
• preparations for the start of operations of the new Unified Patent Court (UPC) were carried out by the UPC’s Preparatory Committee. 

Travaux préparatoires relating to UP and UPC from 2007 to 2013

Some 180 documents, in particular of the European Commission, the Council and the European Parliament, have been identified as constituting the most important working documents and drafts. They are arranged chronologically following the Council Presidencies in the years 2007 to 2013.

January to June 2007: Germany’s Presidency of the Council 

Conclusions adopted by the European Council of 8/9.03.2007, Council document 7224/07 Also available in other EU languages

Communication of 03.04.2007 from the European Commission: Enhancing the patent system in Europe - /* COM/2007/0165 final */  See also Council document 8302/07 PI 11 of 04.04.2007 Also available in other EU languages

Working document of 23.04.2007 of the Presidency to the Working Party on Intellectual Property (Patents): Commission Communication on enhancing the patent system in Europe – Presidency questionnaire, Council document 8566/07 Also available in other EU languages

Progress report of 15.06.2007 of the Presidency to COREPER: Enhancing the patent system in Europe, Council document 10710/07 Also available in other EU languages  See also Council document 10710/1/07 Rev 1 (en) of 15.06.2007

July to December 2007: Portugal’s Presidency of the Council 

Working document of 12.07.2007 from the Presidency to the Working Party on Intellectual Property (Patents): Towards an Enhanced Patent Litigation System and a Community Patent - How to Take Discussions Further, Council document 11622/07

Working document of 10.10.2007 from the Presidency to the Working Party on Intellectual Property (Patents): Towards an EU Patent Jurisdiction - Points for discussion, Council document 13675/07

Working document of 12.10.2007 from the German delegation to the Working Party on Intellectual Property (Patents): The Separation of Invalidity and Infringement Proceedings and the Use of Technical Judges in the European Patent Court System, Council document 13878/07

Working document of 30.10.2007 from the Presidency to the Working Party on Intellectual Property (Patents): Towards an EU Patent Jurisdiction - Points for discussion, Council document 14492/07 Also available in other EU languages

Progress report of 09.11.2007 from the Presidency to COREPER: Enhancing the patent system in Europe, Council document 14912/07

Progress report of 15.11.2007 from the Presidency to the Competitiveness Council: Enhancing the patent system in Europe, Council document 15162/07 Also available in other EU languages

Conclusions adopted by the European Council of 8/9.03.2007, Council document 7224/07  Also available in other EU languages

January to June 2008: Slovenia’s Presidency of the Council 

Working document of 11.01.2008 from the Presidency to the Working Party on Intellectual Property (Patents): EU Patent Jurisdiction – Remedies, procedures and other measures, Council document 5245/08

Working document of 04.02.2008 from the Presidency to the Working Party on Intellectual Property (Patents): EU Patent Jurisdiction – Main features of the Court system (first part); Remedies, procedures and other measures (second part), Council document 5954/08

Working document of 28.02.2008 from the Presidency to the Working Party on Intellectual Property (Patents): Community patent: translation of claims and distribution of revenue from fees, Council document 6985/08

Working document of 19.03.2008 from the Presidency to the Working Party on Intellectual Property (Patents): EU Patent Jurisdiction – Main features of the Court system (first part): Remedies, procedures and other measures (second part), Council document 7001/08

Working document of 19.03.2008 from the Presidency to the Working Party on Intellectual Property (Patents): European Union Patent Jurisdiction – Preliminary Set of Provisions for the Future legal instrument, Council document 7728/08

Working document of 28.04.2008 from the Presidency to the Working Party on Intellectual Property (Patents): Towards a Community patent - Translation arrangements and distribution of fees, Council document 8928/08

Progress report of 08.05.2008 from the Presidency to COREPER: Enhancing the patent system in Europe, Council document 8992/08

Working document of 14.05.2008 from the Presidency to the Working Party on Intellectual Property (Patents): Draft Agreement on the European Union Patent Judiciary, Council document 9124/08

Progress report of 22.05.2008 from the Presidency to the Competitiveness Council: Enhancing the patent system in Europe, Council document 9473/08  Also available in other EU languages

Working document of 23.05.2008 from the Presidency to the Working Party on Intellectual Property (Patents): Revised proposal for a Council Regulation on the Community patent, Council document 9465/08  Also available in other EU languages

Working document of 30.06.2008 from the Presidency to the Working Party on Intellectual Property (Patents): Draft Agreement on the European Union Patent Court, Council document 11270/08

July to December 2008: France’s Presidency of the Council 

Working document of 03.10.2008 from the Commission Services to the Working Party on Intellectual Property (Patents): Distribution of Annual Renewal Fees from the Community Patent, Council document 13752/08  See also Corrigendum of 08.10.2008: Distribution of Annual Renewal Fees from the Community Patent, Council document 13752/08 COR 1

Working document of 04.11.2008 from the Presidency to the Working Party on Intellectual Property (Patents): Draft Agreement on the European Union Patent Court and draft Statute, Council document 14970/08

Opinion of 10.11.2008 of the Legal Service to the Working Party on Intellectual Property (Patents): Draft Agreement on the European Union Patent Judiciary  compatibility of the draft Agreement with the EC Treaty possible request to the EC Court of Justice for an opinion (Article 300(6) EC)  Council document 15487/08  Also available in other EU languages

Progress report of 14.11.2008 from the Presidency to the Competitiveness Council: Enhancing the patent system in Europe   (a) Proposal for a Regulation on the Community patent   (b) Draft Agreement on the European Union Patent Court  Council document 15674/08  Also available in other EU languages

Progress report of 21.11.2008 from the Presidency to the Competitiveness Council: Enhancing the patent system in Europe   (a) Proposal for a Regulation on the Community patent   (b) Draft Agreement on the European Union Patent Court  Council document 16006/08  Also available in other EU languages

January to June 2009: The Czech Republic’s Presidency of the Council 

Working document of 08.01.2009 from the Presidency to the Working Party on Intellectual Property (Patents): Draft Agreement on the European and Community Patents Court and Draft Statute, Council document 5072/09

Working document of 03.02.2009 from the Presidency to the Working Party on Intellectual Property (Patents): Towards an Enhanced Partnership between Patent Offices under the Community Patent, Council document 6044/09

Economic Cost-Benefit Analysis of a Unified and Integrated European Patent Litigation System – Final Report (Tender No. MARKT/2008/06/D), by Professor Dietmar Harhoff, 26.02.2009

Recommendation from the Commission to the Council to authorise the Commission to open negotiations for the adoption of an Agreement creating a Unified Patent Litigation System, Commission document SEC(2009) 330 final of 23.03.2009, Council document 7927/09   Also available in other EU languages

Council working document of 23.03.2009: Draft Agreement on the European and Community Patents Court and Draft Statute - Revised Presidency text, Council document 7928/09   Also available in other EU languages

Economic Cost-Benefits Analysis of the Community Patent, by Bruno van Pottelsberghe and Jérôme Danguy, 07.04.2009

Council working document of 07.04.2009: Revised proposal for a Council Regulation on the Community patent, Council document 8588/09  Also available in other EU languages

Note from the Presidency of 24.04.2009: Request for an opinion by the European Court of Justice on the compatibility with the EC Treaty of the envisaged Agreement creating a unified patent litigation system, Council document 9076/09

Council working document of 26.06.2009: Revised proposal for a Council Regulation on the Community Patent, Council document 11417/09

July to December 2009: Sweden’s Presidency of the Council 

Working document from the Commission Services of 09.07.2009: Draft Agreement on the European and Community Patents Court and Draft Statute - Working paper from the Commission Services on the draft Rules of Procedure for a Unified Patent Litigation System, Council document 11813/09

Note from the Romanian delegation of 23.07.2009: Revised proposal for a Council Regulation on the Community patent – Proposal by the Romanian delegation, Council document 12234/09

Note from the Polish delegation on 23.07.2009: Revised proposal for a Council Regulation on the Community patent – Proposal by the Polish delegation, Council document 12313/09

Note from the Maltese delegation on 29.07.2009: Revised proposal for a Council Regulation on the Community patent – Proposal by the Maltese delegation, Council document 12462/09

Council working document of 30.07.2009: Towards an Enhanced Partnership between Patent Offices under the Community Patent – European Standard for Searches, Council document 12342/09

Note from the Hungarian delegation of 12.08.2009: Revised proposal for a Council Regulation on the Community Patent – Proposals by the Hungarian delegation, Council document 12640/09

Note from the UK delegation of 09.09.2009: Swedish Presidency paper on Enhanced Partnership, Council document 12342/09 (UK drafting proposals)

Council working document of 29.09.2009: Draft Council Conclusions on an enhanced patent system in Europe, Council document 13705/09

Council working document of 29.09.2009: Proposal for a Council Regulation on the Community patent, Council document 13706/09

Council working document of 29.09.2009: Draft proposals for amendments to the European Patent Convention, Council document 13707/09

Council working document of 16.10.2009: Draft Council Conclusions on an enhanced patent system in Europe, Council document 14040/09

Council working document of 29.10.2009: Draft Council Conclusions on an enhanced patent system in Europe – Revised/annotated text, Council document 15148/09

Council working document of 30.10.2009: Proposal for a Council Regulation on the Community patent – Revised text, Council document 15149/09

Note from the Council of 13.11.2009: Draft Council conclusions on an enhanced patent system in Europe – General approach on the proposal for a Council Regulation on the Community patent, Council document 15695/09  See also Addendum 1 of 13.11.2009: (Addendum 1 to the note) Enhanced patent system in Europe – Draft Council conclusions, Council document 15695/09 ADD 1   See also Addendum 2 of 13.11.2009: (Addendum 2 to the note) Proposal for a Council Regulation on the Community patent – Revised text, Council document 15695/09 ADD 2

Note of 23.11.2009 to COREPER: Enhanced patent system in Europe – Revised draft Council conclusions, Council document 16313/09

Note of 27.11.2009 to the Competitiveness Council: Proposal for Council Regulation on the Community patent – General approach, Council document 16113/09  Also available in other EU languages See also Addendum 1 of 27.11.2009: Proposal for Council Regulation on the Community patent – General approach, Council document 16113/09 Add 1  Also available in other EU languages

Note of 27.11.2009 to the Competitiveness Council: Enhanced patent system in Europe – Adoption of Council conclusions, Council document 16114/09  Also available in other EU languages  See also Addendum to the note of 27.11.2009: Enhanced patent system in Europe – Draft Council conclusions, Council document 16114/09 ADD 1  Also available in other EU languages

Competitiveness Council Conclusions on an enhanced patent system in Europe, 04.12.2009  See also Council document 17229/09 of 07.12.2009: Enhanced patent system in Europe – Council conclusions  Also available in other EU languages

January to June 2010: Spain’s Presidency of the Council 

Proposal from the Commission of 30.06.2010 for a Council Regulation on the translation arrangements for the European Union patent, COM(2010) 350 final  See also Council document 11805/10 INIT, available in all EU languages

Commission staff working document of 30.06.2010: Impact Assessment accompanying document to the Proposal for a Council Regulation on the translation arrangements for the European Union patent, SEC(2010) 796, Council document 11805/10 Add 1  Commission staff working document 30.06.2010: Summary of the Impact Assessment accompanying document to the Proposal for a Council Regulation on the translation arrangements for the European Union patent, Council document 11805/10 Add 2  Available in all EU languages

July to December 2010: Belgium’s Presidency of the Council 

Council working document of 31.08.2010: EU patent project – Reflections from the Spanish delegation on a possible model for the Regulation on translations, Council document 13031/10

Note from the Commission Services of 03.09.2010: Background note on machine translations, Council document 13166/10

Note of 04.10.2010 from the Presidency to COREPER: Proposal for a Council Regulation on the translation arrangements for the European Union patent – Political orientation, Council document 14173/10

Note of 06.10.2010 from the Presidency to the Competitiveness Council: Proposal for a Council Regulation on the translation arrangements for the European Union patent – Political orientation, Council document 14377/10

Note of 03.11.2010 from the Presidency to the COREPER: Proposal for a Council Regulation on the translation arrangements for the European Union patent – Political orientation, Council document 15565/10

Note of 08.11.2010 from the Presidency to the Competitiveness Council: Proposal for a Council Regulation on the translation arrangements for the European Union patent – Political orientation, Council document 15395/10   See also Addendum to the note, Council document 15395/10 ADD 1 of 09.11.2010

Press release 3035th Council meeting – Competitiveness on 11/12.10.2010, Council Press Release 14426/1/10 REV 1, pages 9-10  Also available in other EU languages

Press release Extraordinary Council meeting – Competitiveness on 10.11.2010, Council Press Release 16041/10  Also available in other EU languages

Press release 3057th Council meeting – Competitiveness on 10.12.2010, Council document 17668/10 (page 8)  Also available in other EU languages  See also Council document 17668/10 REV 1, also available in other EU languages

Note of 29.11.2010 from the Presidency to COREPER and the Competitiveness Council: The European Union Patent: Way forward and possible enhanced cooperation – Exchange of views, Council document 16946/10

Contribution by the Legal Service of 30.11.2010: Compatibility of possible enhanced cooperation in the field of patents with the internal market and the other provisions of the treaties, Council document 17220/10  Also available in other EU languages

Proposal from the European Commission of 14.12.2010 for a COUNCIL DECISION authorising enhanced cooperation in the area of the creation of unitary patent protection, COM(2010) 790 final

January to June 2011: Hungary’s Presidency of the Council 

European Parliament/Committee on Legal Affairs – Draft Recommendation of 11.01.2011 on the proposal for a Council decision authorising enhanced cooperation in the area of the creation of unitary patent protection, 2010/0384(NLE), PE456.645v01-00

European Parliament/Committee on Legal Affairs – Amendments 1-28, PE456.861, of 21.01.2011

European Parliament – Recommendation on the proposal for a Council decision authorising enhanced cooperation in the area of the creation of unitary patent protection, A7-0021/2011

European Parliament, 27.01.2011 – Vote in Committee on Legal Affairs, 2010/0384(NLE) European Parliament, 14.02.2011 – Debate in Parliament  European Parliament, 15.02.2011 – Results of vote, 2010/0384(NLE)

European Parliament legislative resolution of 15.02.2011 on the draft Council decision authorising enhanced cooperation in the area of the creation of unitary patent protection, T7-0054/2011, P7_TA(2011)0054

(Legislative acts and other instruments)   DRAFT Council Decision authorising enhanced cooperation in the area of the creation of unitary patent protection, Council document 5538/11   Also available in other EU languages

Note of 02.03.2011 from the Presidency to the Council: Proposal for a Council Decision authorising enhanced cooperation in the area of the creation of unitary patent protection – Adoption of the Council Decision, Council document 6524/11  See also Addendum to the note of 02.03.2011: Proposal for a Council Decision authorising enhanced cooperation in the area of the creation of unitary patent protection – Adoption of the Council Decision, Council document 6524/11 ADD 1 (Statements to be entered in the minutes of the Council)

Opinion 1/09 of the Court (Full Court) of 08.03.2011, ECLI:EU:C:2011:123 Also available in other EU languages  See also Press release No 17/11

Council Decision of 10.03.2011 authorising enhanced cooperation in the area of the creation of unitary patent protection, 2011/167/EU. See OJ EU L 76/53 of 22.03.2011

Commission proposal of 13.04.2011 for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, COM(2011) 215 final  Also available in other EU languages

Commission proposal of 13.04.2011 for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, COM(2011) 216 final Also available in other EU languages   See also Council document 9224/11 of 15.04.2011   Also available in other EU languages

Commission staff working paper of 13.04.2011: Impact assessment, Accompanying document to the Proposal for a Regulation of the European Parliament and the Council implementing enhanced cooperation in the area of the creation of unitary patent protection and the Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangement, SEC(2011) 482 final  Also available in other EU languages  See also Council document 9224/11 Add 1, dated 15.04.2011  Also available in other EU languages

Commission staff working paper, Summary of the Impact assessment, SEC(2011) 483 final  Also available in other EU languages  See also Council document 9224/11 Add 2, dated 15.04.2011   Also available in other EU languages

Note of 18.05.2011 from the Presidency to the Mertens Group: Proposal for a Regulation of the Council and the European Parliament implementing enhanced cooperation in the area of the creation of unitary patent protection and Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – Presidency compromise proposals, Council document 10277/11

Note of 23.05.2011 from the Presidency to the Mertens Group: Proposal for a Regulation of the Council and the European Parliament implementing enhanced cooperation in the area of the creation of unitary patent protection and Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – Political orientation/exchange of views, Council document 10401/11

Note of 23.05.2011 from the Presidency to COREPER: Creating a Unified Patent Litigation System – Orientation debate, Council document 10402/11

Note of 26.05.2011 from the Presidency to the Competitiveness Council: Creating a Unified Patent Litigation System – Orientation debate, Council document 10630/11  Also available in other EU languages

Note of 26.05.2011 from the Presidency to the Competitiveness Council: Proposal for a Regulation of the Council and the European Parliament implementing enhanced cooperation in the area of the creation of unitary patent protection and Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – Political orientation/exchange of views, Council document 10629/11  Also available in other EU languages

Summary of the 3094th Competitiveness Council on 30.05.2011

Action brought on 03.06.2011 to the Court of Justice of the European Union: Kingdom of Spain v Council of the European Union (Case C-274/11), see Information note of 05.07.2011 from the Council Legal Service to COREPER: Case before the Court of Justice of the European Union, Case-274/11 (Kingdom of Spain against Council of the European Union), Council document 12500/11  See also OJ EU C 219/12 of 23.07.2011  See also Information note of 05.07.2011 from the Council Legal Service to COREPER: Case before the Court of Justice of the European Union, Case-295/11 (Italy against Council of the European Union), Council document 12502/11

Note of 14.06.2011 from the Presidency to the Mertens Group: Proposal for a Regulation of the Council and the European Parliament implementing enhanced cooperation in the area of the creation of unitary patent protection – Presidency compromise proposal, Council document 10804/11

Note of 14.06.2011 from the Presidency to the Mertens Group: Draft agreement on a Unified Patent Court and draft Statute – Presidency text, Council document 11533/11

Working document of 20.06.2011 from the Presidency to the Mertens Group: Proposal for a Regulation of the European Parliament and the of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements Presidency consolidated text, Council document 11627/11

Note of 21.06.2011 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and the of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements - Political orientation/exchange of views, Council document 10573/11

Note of 23.06.2011 from the Presidency to the Competitiveness Council: (Note) Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection and Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – General  Approach, Council document 11328/11 Also available in other EU languages

Summary of the Competitiveness Council on 27.06.2011

July to December 2011: Poland’s Presidency of the Council 

Note of 02.09.2011 from the Presidency to the Friends of the Presidency Group: Draft agreement on a Unified Patent Court and draft Statute – Revised Presidency text, Council document 13751/11 INIT  Also available in other EU languages

Note of 09.09.2011 from BE, LU and NL: Creating a Unified Patent Litigation System - Reflections on the Benelux Court of Justice, Council document 13984/11

Corrigendum of 15.09.2011 to note from the Presidency to the Friends of the Presidency Group: Draft agreement on a Unified Patent Court and draft Statute – Revised Presidency text, Council document 13751/11 COR 1

Note of 20.09.2011 from the Commission Services: Compatibility of the draft agreement on the Unified Patent Court with the Union acquis – Non-paper from the Commission services, Council document 14191/11

Note of 20.09.2011 from the Presidency to COREPER: Preparation for the Council meeting “Competitiveness” on 29/30.09.2011 - Draft Agreement on the creation of a Unified Patent Court - Exchange of views, Council document 14370/11   Also available in other EU languages

Note of 23.09.2011 from the Presidency to the Competitiveness Council: Draft Agreement on the creation of a Unified Patent Court - Exchange of views, Council document 14192/11  Also available in other EU languages

Summary of the 3113th Competitiveness Council on 29.09.2011

DRAFT REPORT of 04.10.2011 on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, JURI_PR(2011)472059, C7-0099/2011 - 2011/0093(COD), PE472.059 (EP amendments tabled in committee)

Working document of 07.10.2011 from the Presidency to delegations: Draft agreement on a Unified Patent Court and draft Statute – Revised Presidency text, Council document 15289/11

Working document of 12.10.2011 from the Presidency to the Friends of the Presidency Group (Patents): Examination of the draft EP amendments concerning the two proposed Regulations for the creation of the unitary patent protection, Council document 15472/11

Working document of 19.10.2011 from the Presidency to delegations: Draft agreement on a Unified Patent Court and draft Statute – Revised Presidency text, Council document 15539/11

Opinion of 21.10.2011 of the Council Legal Service: Draft agreement on the European Union Patent Jurisdiction (doc. 13751/11) – compatibility of the draft agreement with the Opinion 1/09, Council document 15856/11   Also available in other EU languages

Working document of 26.10.2010 from the Presidency: Draft agreement on a Unified Patent Court and draft Statute – Revised Presidency text, Council document 16023/11

Working document of 26.10.2011 from the Presidency: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Preparation of the next informal trialogue Proposal for a Regulation of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – Preparation of the next exchange of views with the European Parliament, Council document 16016/11

European Parliament, Committee on Legal Affairs, 27.10.2011: Amendments 45-94, draft report: Proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, JURI_AM(2011)475775, C7-0099/2011 - 2011/0093(COD),

Note of 31.10.2011 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Preparation for next informal trilogue, Council document 16070/11

Note of 10.11.2011 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Preparation for next informal trilogue, Council document 16649/11

Working document of 11.11.2011 from the Presidency to the Friends of the Presidency Group: Draft agreement on a Unified Patent Court and draft Statute – Revised Presidency text, Council document 16741/11

Note of 17.11.2011 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Preparation for next informal trilogue, Council document 16704/11

Note of 17.11.2011 from the Presidency to COREPER: Preparation for the Council meeting "Competitiveness" (Internal Market, Industry, Research and Space) on 5/6.12.2011, Draft Agreement on the creation of a Unified Patent Court  - Guidance for further work, Council document 17120/1/11  Also available in other EU languages

Note of 17.11.2011 from the Presidency to COREPER: Draft Agreement on the creation of a Unified Patent Court  - Guidance for further work, Council document 17120/1/11 REV 1 (new points 7a and 8a)  Also available in other EU languages

Note of 22.11.2011 from the Presidency to COREPER: Draft Agreement on a Unified Patent Court and draft Statute – Draft Declaration for an operational UPC – Revised Articles 13, 14e, 15a, 15b, 18, 19, 28, 29, 31, 42, 45, 46, 55 ,56, 58, 58a, 58d and 59 and Articles 3, 11, and 18 of the Statute, Council document 17317/11

Note of 24.11.2011 from the Presidency to COREPER: Draft Agreement on the creation of a Unified Patent Court - Guidance for further work, including Draft Declaration of the Contracting Member States concerning the preparation for the coming into operation of the Unified Patent Court,

European Parliament, Committee on Industry, Research and Energy, 25.11.2011: OPINION on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, C70099/2011 – 2011/0093(COD), PE472.085

Note of 01.12.2011 from the Presidency to COREPER: Draft Agreement on the creation of a Unified Patent Court – Preparation of the Council (Competitiveness) on 05.12.2011, Council document 17580/11  Also available in other EU languages

Note of 01.12.2011 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and the of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Analysis of the final compromise text, Council document 17578/11   Also available in other EU languages

Note of 02.12.2011 from the Commission Services to COREPER: Draft agreement on the Unified Patent Court – Relationship of the draft agreement on the Unified Patent Court with Regulation (EC) No 44/2001 Brussels I, Council document 17407/11

Note of 02.12.2011 from the Commission Services to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Proposed additional technical changes to be introduced in the Regulation for a Unitary Patent, Council document 18030/11

Note of 06.12.2011 from the Presidency to delegations: Draft Agreement on the creation of a Unified Patent Court - Presidency compromise text, Council document 18239/11

European Parliament, 08.12.2011: Committee report tabled for plenary, 1st reading/single reading, PE478.394

January to June 2012: Denmark’s Presidency of the Council 

European Parliament, Committee on Legal Affairs: Report of 10.01.2012 on jurisdictional system for patent disputes, A7-0009/12 See also summary

European Parliament, Committee on Legal Affairs: Report of 11.01.2012 on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, A7-0001/20121 See also summary

Note of 24.05.2012 from the Presidency to COREPER: Draft Agreement on the creation of a Unified Patent Court – Suggested way forward for a political agreement, Council document 10059/12 Also available in other EU languages

Note of 29.06.2012 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection - Approval of an amendment to the final compromise text, Council document 11959/12

Conclusions of the European Council of 28/29.06.2012, Council document 76/12

July to December 2012: Cyprus’ Presidency of the Council 

Working document of 27.09.2012 from the Presidency to the Friends of the Presidency Group: Draft agreement on a Unified Patent Court and draft Statute - Consolidated text, Council document 14268/12 Also available in other EU languages

Note of 01.10.2012 from the Presidency and the Secretariat General of the Council to COREPER: Preparation of Competitiveness Council - Single Market Act I - State of Play - Policy debate, Council document 14163/12 (page 4) Also available in other EU languages

Working document of 12.10.2012 from the Presidency to delegations: Draft Agreement on a Unified Patent Court and draft Statute – Consolidated text, Council document 14750/12 Also available in other EU languages

Note of 17.10.2012 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection = Information from the Presidency on the state of play, Council document 14963/12

Note of 14.11.2012 from the Presidency to COREPER: Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection = Preparation for the informal trilogue = Endorsement of the patents package, Council document 16220/12   Also available in other EU languages

Note of 14.11.2012 from the Presidency to delegations: Draft agreement on a Unified Patent Court and draft Statute – Consolidated text, Council document 16222/12 Also available in other EU languages

Note of 22.11.2012 from the Presidency to COREPER: Unitary Patent and International Agreement on the Unified Patent Court – Presidency report on state of play and endorsement of the final package, Council document 16589/12 Also available in other EU languages

Memorandum of 01.11.2012 from the Intellectual Property Judges Association on “Further non-controversial amendments to the draft Agreement on a Unified Patent Court”

Note of 14.11.2012 from the Presidency to delegations: Draft agreement on a Unified Patent Court and draft Statute - Updated draft declaration of the contracting Member States concerning the preparations for the coming into operation of the UPC agreement, Council document 16221/12 Also available in other EU languages

European Parliament legislative resolution dated 11.12.2012 on the proposal for a regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, T7-0474/2012, C7-0099/2011 – 2011/0093(COD) Also available in other EU languages

European Parliament resolution dated 11.12.2012 on jurisdictional system for patent dispute, 2011/2176(INI)

Debate in Parliament. Results of vote in Parliament In all EU languages

Procedure file – European Parliament: 2011/0093(COD) Enhanced cooperation in the area of the creation of unitary patent protection: implementation

Information note of 12.12.2012 from the General Secretariat of the Council to COREPER and the Council: Proposal for Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Outcome of the European Parliament’s first reading (Strasbourg, 10 to 13 December 2012), Council document 16304/12 Also available in other EU languages

12.12.2012, from the Council (Legislative acts and other instruments) Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, Common Guidelines, Council document 18855/2/11 REV 2 Also available in other EU languages

Note of 17.12.2012: Voting result – Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – Adoption of the legislative act, Council document 17882/12 Also available in other EU languages

Regulation (EU) No 1257/2012 of the European Parliament and of the council implementing enhanced cooperation in the area of the creation of unitary patent protection, OJ EU L 361 of 31.12.2012, pages 1 to 8 See EUR-LEX, in all EU languages Council Regulation (EU) No 1260/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, OJ EU L 361 of 31.12.2012, pages 89-92 EUR-LEX, in all EU languages

January to June 2013: Ireland’s Presidency of the Council 

11.01.2013 – (Legislative acts and other instruments) Agreement on a Unified Patent Court, Council document 16351/12

CORRIGENDUM to Council document 16351/12 CORR 1: 29.01.2013 – (Legislative acts and other instruments) Agreement on a Unified Patent Court, Council document 16351/12 (Article 33(1)) CORR 3: 08.02.2013 – (Legislative acts and other instruments) Agreement on a Unified Patent Court, Council document 16351/12 (Recital 3 and Article 29) See also CORR 2, 4, 5, 6, 7, 8, 9 and 10 to Council document 16351/12, in other EU languages (NL, BG, EL, FI, LV, ET, HU, SK, LV)

15.01.2013 – (Note) Voting result – Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection – Adoption of the legislative act, Council document 17878/12. In all EU languages: Search results - Consilium (europa.eu)

19.02.2013 – Council SecGen (Note) Minutes of the signing of the Agreement on a Unified Patent Court, Council document 6572/13 (Declaration of the Contracting Member States concerning the preparations for the coming into operation of the Unified Patent Court) Also available in other EU languages

19.02.2013 – Agreement on a Unified Patent Court OJ EU 2013 C 175 of 20.06.2013 (OJ EU) OJ EPO 2013, 287 (OJ EPO) On the website on the UPC (UPC) See also Legal texts relating to the Unitary Patent system (May 2023), page 65  P Legal texts

Documents relating to UP and UPC in the period 2013 to 2023

After signature of the Agreement on a Unified Patent Court on 19 February 2013 by the Plenipotentiaries of 24 EU Member States, namely Austria, Belgium, Cyprus, the Czech Republic, Germany, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Sweden, Slovenia, the Slovak Republic, the United Kingdom – followed by Bulgaria's signature on 5 March 2013, a period of preparatory work started which lasted for 10 years, until the Agreement's entry into force on 1 June 2023. 

During this period, preparations were made for the launch of the Unitary Patent and the start of operations of the Unified Patent Court:  

• the framework for implementation of the Unitary Patent at the EPO was prepared by the Select Committee of the European Patent Organisation’s Administrative Council; and
• preparations for the start of operations of the new Unified Patent Court (UPC) were carried out by the UPC’s Preparatory Committee. 

For a better overview, the documents included here are arranged in four sections:

• Competitiveness Council documents from 2013 to 2023
• Judgments of the Court of Justice of the European Union and the respective Opinions of the Advocate-General
• Documents of the Select Committee set up by the Administrative Council of the European Patent Organisation under Article 145(1) EPC
• Amendments to the Brussels Regulation: Regulations (EU) No 1215/2012 and No 542/2014

Competitiveness Council documents from 2013 to 2023 

In the months following signature of the UPC Agreement in 2013, the Irish and Lithuanian Presidencies presented plans for the preparatory work leading to the launch of the Unitary Patent and the start of the UPC.

Starting in 2014 – and continuing until the period of provisional application of the UPC Agreement began on 22 February 2022 – the Chairs of the Select Committee and of the UPC’s Preparatory Committee reported at regular intervals to the Competitiveness Council about the state of play of the preparatory work and implementation. 

Note of 08.03.2013 from the Irish Presidency to COREPER: Setting up of the Preparatory Committee in the context of the Agreement on a Unified Patent Court – Information from the Presidency, Council document 7265/13

Note of 18.11.2013 from the Lithuanian Presidency to the Council: European Patent with Unitary Effect and Unified Patent Court – Information from the Presidency and Preparatory and Select Committee, Council document 15819/13

Note of 19.05.2014 from the Chairs of the Preparatory Committee and Select Committee of the Administrative Council of the European Patent Organisation to the Council: European Patent with Unitary Effect and Unified Patent Court - Information by the Presidency, Council document 9563/14

Information note of 19.09.2014 from the Chairs of the Preparatory Committee and Select Committee of the Administrative Council of the European Patent Organisation to the Council: Implementation of the Patent package - Presentation by the relevant Committee Chairs, requested by the Commission, Council document 13345/14

Note of 07.07.2015 from the Italian delegation to delegations: Notification by Italy of its intention to participate in the enhanced cooperation in the area of the creation of unitary patent protection and in the enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, Council document 10621/15

Note of 15.09.2015 from the European Commission to the Council: Implementation of the unitary patent - Information on the latest state of play, Council document 11994/15

Decision (EU) 2015/1753 of the Commission of 30.09.2015 confirming the participation of Italy in enhanced cooperation in the area of the creation of unitary patent protection, OJ EU L 256/19 of 01.10.2015 In all EU languages: EUR-Lex - 32015D1753 - EN - EUR-Lex (europa.eu)

Note of 18.02.2016 from the Netherlands Presidency to the Council: Unitary Patent and Unified Patent Court - Information from the Presidency on the state of play, Council document 6029/16

Note of 19.09.2016 from the Slovak Presidency to the Council: Unitary Patent and Unified Patent Court – Information from the Presidency on the state of play, Council document 12101/16

Note of 14.11.2016 from the Belgian, Dutch, Luxembourg and Swedish delegations to COREPER and to the Council: Finalisation of the implementation and entry into operation of the Unitary Patent and the Unified Patent Court - Exchange of views, Council document 14262/16 Also available in other EU languages

Outcome of the 3505rd Competitiveness Council meeting on 29.11.2016, Council document 14926/16, page 8

Note of 02.02.2017 from the Belgian and Swedish delegations to the Council: Finalization of the implementation and entry into operation of the Unitary Patent and the Unified Patent Court, Council document 5885/17

Note of 15.05.2017 from the Belgian, Luxembourg and Swedish delegations to the Council: Finalization of the implementation and entry into operation of the Unitary Patent and the Unified Patent Court – Brief record of state of play, Council document 9098/17

Note of 17.09.2017 from the Slovenian delegation: Ratifications of the UPCA/PPA – Latest state of play, Council document 12174/17

Note of 20.11.2017 from the Estonian presidency: Unitary Patent and Unified Patent Court – Information from the Presidency on the state of play, Council document 14343/17

Note of 08.05.2018 from the French Presidency to the Council: Unitary Patent and Unified Patent Court – Information from the Presidency on the state of play, Council document 8746/18

Note of 24.09.2021 from the Czech Presidency to the Council: Unitary Patent and Unified Patent Court – Information from the Presidency on the state of play, Council document 12098/21

Note of 20.02.2023 from the Swedish Presidency to the Council: Unitary Patent and Unified Patent Court – state of play – Information from the Presidency, Council document 6070/2318

Judgments of the Court of Justice of the European Union and the respective Opinions of the Advocate-General

Advocate General Yves Bot – Opinion delivered on 11.12.2012, Joined Cases C-274/11 and C-295/11, Kingdom of Spain (C-274/11), Italian Republic (C-295/11) v Council of the European Union Available in all EU languages

Judgment of the Court of 16.04.2013, C-274/11 and C-295/11 Kingdom of Spain and Italian Republic v Council of the European Union (ECLI:EU:C:2013:240) Available in all EU languages

Advocate General Yves Bot – Opinion delivered on 18.11.2014, Case C-146/13 and C-147/13, Kingdom of Spain v European Parliament and Council of the European Union Available in all EU languages

Judgment of the Court of 05.05.2015, C-146/13 and C-147/13 Kingdom of Spain v European Parliament and Council of the European Union (ECLI:EU:2015:299) Available in all EU languages

Documents of the Select Committee set up by the Administrative Council of the European Patent Organisation under Article 145(1) EPC

The documents published by the Select Committee are available in the three official languages of the EPO at Select Committee documents

SC/D 1/13 – Decision of the Select Committee of the Administrative Council of 25.06.2013 approving the Rules of Procedure of the Select Committee of the Administrative Council

Draft Rules 1-24 relating to unitary patent protection – consolidated version

SC/D 1/15 – Decision of the Select Committee of the Administrative Council of 15 December 2015 adopting the Rules relating to Unitary Patent Protection

SC/D 2/15 – Decision of the Select Committee of the Administrative Council of 15 December 2015 adopting the Rules relating to Fees for Unitary Patent Protection

SC/D 3/15 – Decision of the Select Committee of the Administrative Council of 15 December 2015 adopting the Budgetary and Financial Rules

SC/D 1/21 – Decision of the Select Committee of the Administrative Council of 1 October 2021 amending Articles 7 and 9 of its Rules of Procedure

SC/D 2/21 – Decision of the Select Committee of the Administrative Council of 14 October 2021 amending Articles 1 and 6 of its Rules of Procedure

SC/D 3/21 – Decision of the Select Committee of the Administrative Council of 16 December amending Court 16 of the Rules relating to Unitary Patent Protection

SC/12/21 – Amendments to the Rules relating to Unitary Patent Protection regarding the register for unitary patent protection – Court 16 UPR

SC/D 1/22 – Decision of the Select Committee of the Administrative Council of 23 March 2022 amending Court 16 of the Rules relating to Unitary Patent Protection

SC/4/22 – Amendments to the Rules relating to Unitary Patent Protection regarding the Register for unitary patent protection in relation with the identification of the place of business – Court 16 UPR

SC/3/22 Corr. 1 – Results of the questionnaire on national measures accompanying the implementation of the European patent with unitary effect – update

Amendments to the Brussels Regulation: Regulations (EU) No 1215/2012 and No 542/2014 

Under Articles 1 and 21 of the UPC Agreement, the UPC is a court common to the EU Member States which have ratified the Agreement (the “Contracting Member States” in accordance with Article 2(c) UPC Agreement). The UPC forms part of the Contracting Member States’ judicial system. This is recognised by the Brussels Regulation, which was amended by Regulation (EU) No 542/2014 in 2014 to include an Article 71a expressly providing that – for the purposes of the Brussels Regulation – the UPC is to be deemed a court of an EU Member State. The UPC therefore has the same status as any national court of the Contracting Member States, including the competences and duties of such national court.

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12.12.2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), OJ EU L 351, 20.12.2012, pages 1 to 32 Available in all other EU languages

Regulation (EU) No 542/2014 of the European Parliament and of the Council of 15.05.2014 amending Regulation (EU) No 1215/2012 as regards the rules to be applied with respect to the Unified Patent Court and the Benelux Court of Justice, OJ EU L 163, 29.5.2014, p. 1-4 Available in all other EU languages

 

Other texts of relevance: texts relating to the Community patent, the Community patent jurisdictional system and the European Patent Litigation Agreement, 1975 to 2006

None of the texts included in this section ever entered into force, although they were drafted over a period of more than 30 years and were at times the subject of intense discussion among Member States. Together with the EPC, these texts constitute important sources for anybody wishing to trace the origin of many of the provisions eventually included in Regulations (EU) No 1257/2012 and No 1260/2012 and in the UPC Agreement. Versions of the “Community Patent Convention” (1975 and 1989) and of the “European Patent Litigation Protocol” (2001 and 2004) are of particular relevance. 

Community Patent

Convention for the European patent for the common market (Community Patent Convention), of 15.12.1975, 76/76/EEC, OJ CE L 017, 26.01.1976, pages 1 to 28 Available in English, French and German at EUR-Lex – L :1976 :017 :TOC – EN – EUR-Lex (europa.eu)

Texts established by the Luxembourg Conference on the Community patent 1985, including the Agreement relating to Community patents and the Protocol on the Settlement of Litigation concerning Infringement and Validity of Community Patents Available in English, French and German at Publication detail – Publications Office of the EU (europa.eu)

Agreement relating to Community patents, done at Luxembourg on 15.12.1989, 89/695/EEC, OJ EC L 401, 30.12.1989, pages 1 to 27 Available in English, French and German at EUR-Lex – L :1989 :401 :TOC – EN – EUR-Lex (europa.eu)

Promoting innovation through patents – Green Paper on the Community patent and the patent system in Europe, presented by the Commission on 24.07.1997, SEC(1998) 1326 final

Commission proposal for a Council Regulation on the Community patent, of 01.08.2000, COM(2000) 412 final, OJ CE C 337 E, 28/11/2000, 278-290 Available in DE, EN and FR at EUR-Lex – 52000PC0412 – EN – EUR-Lex (europa.eu)

Community patent – Common Political Approach adopted by the Competitiveness Council on 03.03.2003. Available in DE, EN and FR at Search results – Consilium (europa.eu)

Community patent jurisdictional system

Commission proposal for a Council Decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent, of 23 December 2003, COM(2003) 827 Available in DE, EN and FR at COM(2003) 827 final

Commission proposal for a Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance, of 2 December 2003, COM(2003) 828 Available in DE, EN and FR at COM(2003) 828 final

European Patent Litigation Agreement

Intergovernmental conference of the member states of the European Patent Organisation on the reform of the patent system in Europe, Paris, 24-25.1999, OJ EPO 1999, 545 (Point 2 “Harmonising European patent litigation”: “The working party shall also present a draft text for an optional protocol to the EPC which, with regard to litigation concerning European patents, would commit its signatory states to an integrated judicial system, including uniform rules of procedure and a common court of appeal”).

Principal elements of an optional protocol on the settlement of litigation concerning European patents, 21.12.2000, WPL/9/99

Principal elements of an optional protocol on the settlement of litigation concerning European patents, 10.05.2000, WPL/9/99 Rev. 1

First proposal for a European Patent Litigation Protocol, 23.02.2001, WPL/SUB 5/01 Summary of the first proposal for the text of a European Patent Litigation Protocol, 23.2.2001, WPL/SUB/5/01 Add.1

Second Proposal for a European Patent Litigation Protocol, 22.05.2001, WPL/SUB 13/01

Third proposal for a European Patent Litigation Protocol, 27.08.2001, WPL/SUB 20/01

Draft Agreement on the establishment of a European patent litigation system, 11.11.2002, WP/L 3/02 Draft Statute of the European Patent Court, 14.11.2002, WPL/4/02

Draft Agreement on the establishment of a European patent litigation system, 16.02.2004: Draft Agreement and Draft Statute See also Wayback Machine (archive.org)

Resolution passed by the named judges specialising in patent law at the judges’ forum held in San Servolo, Venice – 14-15.10.2005

Draft Agreement on the establishment of a European patent litigation system, 07.12.2005, WPL/10/005 See also Wayback Machine (archive.org)

Declaration of the participants at the 13th European patent judges’ symposium, 12-16.09.2006 in Thessaloniki

Second Venice Resolution, San Servolo, 04.11.2006 approving the principles for the Rules of Procedure of the European Patent Court

For more information on the EPLA, please visit the archived Microsite “Legislative Initiatives in European patent law”

The transition from EPLA to UPC, 2006 and 2007

Charlie McCreevy: Closing remarks at the public hearing on future patent policy, 12.07.2006, Brussels, SPEECH/06/453

Future patent policy in Europe, Public hearing 12.07.2006, European Commission. Preliminary findings: Issues for debate

Future patent policy in Europe, Public hearing 12.07.2006, European Commission. Report

Resolution of the European Parliament of 12.10.2006 on “European Parliament resolution on future patent policy in Europe”, OJ EU 16.12.2006 C308 E/169 Available in all EU languages

Charlie McCreevy: Future action in the field of patents, European Parliament Plenary Session, 28.09.2006, SPEECH/06/546

Communication of 03.04.2007 from the European Commission: Enhancing the patent system in Europe -  COM/2007/0165 final */  Also available in other EU languages