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A Single Patent For A Single Market, But Decision Delayed

July 2012 | Industry Trend Analysis

BMI View: A single EU patent will have huge benefits for multinational pharmaceutical companies, not just by reducing the cost of filing a patent in Europe, but by reducing the time and complexity of validation. A single patent would contribute to reducing the time to market, which has substantial and positive revenues implications. One key downside is that a single patent would also represent a single litigation target. The move might reduce the cost of parallel litigation in national courts, but if a decision goes against a firm it would quickly be applied EU-wide. A last-minute concession designed to reduce the involvement of the European Court of Justice (ECJ) from the patent appeals process, in an effort to reduce the complexity of the system and avoid further delays on verdicts, has pushed back the approval of the unified European patent system.

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