European patent with unitary effect

9.2.2017

Question for written answer E-000928-17
to the Council
Rule 130
Pascal Arimont (PPE)

The answer to Question E-007199-16 to the Commission relating to the so-called patent package shows that this can only come into force if 13 of the 25 Member States who have signed the convention have submitted their ratification documents to the Secretariat of the Council. These must include the three Member States who had the greatest number of valid European patents in the year before the signing of the EPC (i.e. 2012).

According to the Commission, as yet only 11 Member States, including one of the three Member States with the most European patents in 2012 (France), have submitted their ratification documents to the Secretariat of the Council, two others have concluded their internal ratification process.

In this context, there is support for the insistence of the Commission that the remaining participant Member States ratify immediately, so that the requisite numbers can be achieved for the patent package’s entry into force.

— What is the Council doing to ensure that the agreement on a unified patent court is finally ratified by a sufficient number of participant States?— From what date is the new European patent system due to be in operation in its entirety?