Solutions for a Unified Patent Litigation System – The way forward after the Opinion 1/09 of the CJEU, Non-Paper of the Commission Services
"As set out in the Council conclusions of 7 December 2009, the future unified patent system needs to be based on two pillars: the creation of unitary patent protection and the setting up of a unified and specialised patent jurisdiction. Both aspects need to come to a result at the same time." [...]
"A Possible Way Forward: The unified patent court could therefore be set up by an agreement to be concluded between the Member States on the creation of a common jurisdiction. As set out above, on the basis of the opinion of the CJEU, third states may not participate in this agreement."
Read the entire non-paper (in English) here.