Florida A & M University Law Review


During the European Patent Forum of May 2008, Gunter Verheugen, European Commissioner for Enterprise and Industry, declared there was an "urgent need [for a community patent]." The sentiment was well received. However, in 2009, all attempts to implement a patent policy to standardize prosecution and grant across all European Union Community countries failed. Since the 1970's, there have been ongoing discussions toward the creation of a Community-wide patent in the European Union (EU). In 2003, prospects for enacting a Community Patent Regulation (CPR) seemed hopeful and almost complete. However, in 2004, a stalemate arose which made the enactment of the CPR even more unlikely. On December 11, 2012, the European Parliament adopted two draft regulations aimed at creating a European Union-wide patent, along with a Unified Patent Court. This article will examine the historical challenges to the enactment of, as well as the prospects of, successful implementation of a Community-wide EU patent.