The European Commission brings back software patents, this time through a via a centralized patent court, the European and Community Patents Court (draft agreement).
This court – if the draft will get approved at the next competitiveness meeting of May 28-29 – will have exclusive jurisdiction in respect of patent infringements.
The UPLS carries the risk that specialized patent courts will have the last word for important questions such as limits of patentability. This is typically what happens in Germany where the Senates of the Federal Patent Court should refer basic questions to the Supreme Court but do not do this.
Benjamin Henrion concludes: “This specialized patent court will be shielded against external intervention and won’t be an EU institution. Those patent judges want to have the last word over European patent law.”