European law states:
European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations in countries which are party to the European Patent Convention. For certain states in Eastern Europe, the Eurasian Patent Convention applies.
Patents having effect in most European states may be obtained either nationally, via national patent offices, or via a centralized patent prosecution process at the European Patent Office (EPO). The EPO is a public international organization established by the European Patent Convention. The EPO is not a European Union or a Council of Europe institution. A patent granted by the EPO does not lead to a single European patent enforceable before one single court, but rather to a bundle of essentially independent national European patents enforceable before national courts according to different national legislations and procedures. Similarly, Eurasian patents are granted by the Eurasian Patent Office and become after grant independent national Eurasian patents enforceable before national courts.
Germany up against the EU Law
Germany delayed common European redress for patent violation that would have allowed the inventors in any member country to easily challenge patent violation in any other EU country. Years in planning the new law would set up patent courts in EU members states that would allow patent holders to see redress for any infringement in their own countries even if they occurred in any other EU country.
The Germany’s decision to hold up implementation of the common system means a lot opportunity at least temporarily for business to lower its costs, because they must continue defending their patents in excessive cross border legal proceedings in different member states. The constitutional court Germany’s highest judicial body did not disclose the nature of the complaint it had received saying only it would be examined as quickly as possible. The court based in the south western city in Karlsruhe can annul law it seems unconstitutional, potentially undermining the entire planned patent system. The court asked German President Frank-Walter Steinmeier to delay signing the implementing act until it had time to assess the complaint.
“The president agreed to do so until a ruling has been made,” the court’s spokeswoman said, adding that this was the “typical approach” in such cases.
