Das materielle Recht im Einheitlichen Europäischen Patentsystem und dessen Anwendung durch das Einheitliche Patentgericht

At the end of 2012/beginning of 2013 25 member states of the European Union launched the so called European patent package that is set to create a European Patent with Unitary Effect and a corresponding Unitary Patent Court for the participating member states. The package that took a huge political effort is characterized by referencing norms and a fragmentary substantial law. The resulted legal uncertainty has been even increased by the Brexit – i. e. the United Kingdom’s withdrawal from the European Union. It is unclear how the European patent package can accommodate a British participation after her withdrawal from the Union.
The study is especially addressing the open questions arising from the interaction of the different legal acts of the package and is examining the importance of the future patent court with regard to the development of law.