"Even at present, more than 50 years after the foundation of the European Economic Community, it is not possible to obtain a patent that is valid and enforceable throughout the Community. A Community Patent Convention was signed in Luxembourg in 1975, but never entered into force for lack of ratification by Member States. In 2000, the Commission put forward a proposal for a Council Regulation creating a Community patent97, but this proposal has not yet been adopted. Accompanying proposals to establish a Community Patent Court, with appeals before the Court of First Instance98, and to confer jurisdiction on the European Court of Justice in disputes relating to the Community patent99 have also remained in deliberation. Most recently, in a Communication of 2007, the Commission has stated that the creation of a single Community patent continues to be a key objective for Europe. With respect to litigation, the Commission has indicated that the way forward could be to create a unified and specialised patent judiciary with competence for litigation on both European patents and future Community patents (thus avoiding duplication of jurisdictions). This judiciary would comprise a limited number of first instance chambers, which could make use of existing national structures, as well as a fully centralised appeal court which would ensure uniformity of interpretation.100 The European Court of Justice would have to be respected as the final arbiter in matters of EU law, including questions related to the validity of future Community patents.101"
Source: http://ec.europa.eu/competition/sectors/pharmaceuticals/inquiry/preliminary_report.pdf
