In an unexpected breakthrough, the Committee on Legal Affairs of the European Parliament has approved a compromise on the planned EU Unitary Patent and Unified Patent Court. According to reports, the controversial Articles 6-8 were deleted from the Regulation on Unitary patent protection, in order to avoid a duty to refer core questions regarding patent infringement to the CJEU.

A unitary effect of the new EU patent would be safeguarded by a newly added Article 5a, which indirectly references Articles 14 f-h of the Agreement for a Unified Patent Court, by way of a reference to the national laws of the Member States.

Please see here the draft of new Article 5a, and here the amended Draft Agreement for a Unified Patent Court, in the version of November 14, 2012.

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