Constructing a unitary title regime for the European Patent System

Abstract

The European Patent System without any unitary title allows Member States to retain institutional arrangements within their borders and to prevent any moves to delegate responsibility outside the national sphere. This intergovernmental patent regime suffers from fragmentation due to national validation, translation and enforcement. Such characteristics of fragmentation are regarded as failings of the system. How can problems caused by such fragmentation be solved institutionally? There is no single approach, but at least two options can be proffered: either a unitary title legitimate for the complete single market or enhanced co-operation. From a problem-solving approach, this article studies the regime construction and analyses the policy debates around the unitary title.