The objective of the present enhanced cooperation is to create a unitary patent and its associated translation arrangements. Well. But how unitary would be this patent whereas in Europe, there is already the centralised Munich Patent Office that grants patent for the whole continent?

For this regulation on the unitary patent, ministers of Member States have decided to legislate, not among 27, but only among the 25 participating Member states. This is called an enhanced cooperation. This procedure is allowed by the EU Treaties in order to limit risks of blocking when a consensus cannot be reached between all Member States.

On March 10th 2011, the Commission and the Council of the European Union rejoiced in a press release about the decision taken in the morning by the Council, to authorize "an enhanced cooperation among Member States for the creation of a unitary patent title". But these fine statements were shattered by the next press conference: questions from a couple of reporters regarding a decision from the Court of Justice of the European Union on the very same subject embarrassed, at the very least, Commissioner Barnier. The deciphering of this Council meeting gives us the opportunity to explain this complex but essential issue in the fight against software patents, in which April is engaged.

On March 8th 2011, the Court of Justice of the European Union (CJEU) published its opinion on the compliance of the Patent Court (PC) draft agreement with European Union (EU) Treaties. This opinion was long-awaited for: the setting up of an unified jurisdiction is a pillar of the unitary patent currently discussed in Brussels. As April expected, the CJEU curtly axed the project, underlining its incompatibility with the EU basic principles.