July 2011
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SSRN Electronic Journal
This article undertakes a critical examination of the EU Commission proposal for a EU and EC wide-unified patent recognition and litigation system. The paper examines the current EU patent system, the original and revised EU Commission proposal for the unified system and the opinion of the European Court of Justice as to the deficiencies of the original proposal. My conclusions include recommended changes to be made to the Commission proposal that will bring the unified system within the bounds of EU law, a discussion of the effect of those potential changes on the nature or effectiveness of the unified system and an examination of the potential significance the unified patent system may have on EU patent protection.