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03/12/2012

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"To force patentees of EP patents who only need protection in a few countries into the same judicial system as owners of unitary patents who need protection for the entire EU disregards the different needs of users."

Come on, that is a non-argument! 80 yrs of Grossraum-patenting discussions, we have an EU single market now but no single market patent. The way forward is clear, the EU has to harmonise substantive patent law first and get into control. Then a single market patent becomes a formality. The proposed Unitary Patent is indeed sub-sub-optimal but only because it feeds to Munich instead of using the community method. Furthermore, a single market patent without a prior harmonisation of patent laws and procedures is bound to fail.

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