Patent law in Europe is characterized by a historic rivalry between EU
and non-EU patent systems. The EU for decades could not establish a working,
attractive and balanced system of its own. After the failure of its well-tailored 2009
model, the Commission was determined to push ahead with the patent plans even at
the cost of compromise that severely damaged the functionality of the patent system.
The result was the 2012 Unitary Patent Package, which has since been cleared
twice by the CJEU in spite of severe doubts concerning EU law compatibility. Just
as the race seemed to near finish line, the June 2016 Brexit referendum put a spoke
in the EU’s wheel. Against the backdrop of a brief review of the systemic rivalry,
this paper recounts and assesses the CJEU’s recent case law on the legality of the
UP Package, the implications of the Brexit vote and the prospects, if any, for the
unitary patent post-Brexit.

EB00000004166K

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• Reset and Go: The Unitary Patent System Post-Brexit