Abstract
After nearly 48 years of failure to create the EU patent, language issues and the design of a centralised patent-litigation court still dominate headlines. But behind these issues there are high financial stakes and control power to play for. The recent EU Council deal on an ‘enhanced’ European patent system does not solve the above problems, and has not eliminated lingering governance issues. The risk for Europe is that a final patent agreement might be reached that does not cure the system of its major ills, and thus does not bring about any significant improvement for those that need it most: entrepreneurs and innovative companies starting out on the innovation process. The creation of an effective single EU patent requires (i) English-only post-grant translation, (ii) the end of nationally granted patents, (iii) phasing-out of the current ‘European patent’, (iv) lower fees for young innovative companies, and (v) a radical shake-up of the governance of the European Patent Office.
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