3. The oral procedure gives the parties the opportunity to present their arguments correctly. The Court may, with the consent of the parties, waive the hearing. (1) A patent gives its holder the right to prevent or offer, in the territory of the contracting Member States where the patent is valid, any person other than a party entitled to exploit the patented invention, by means relating to an essential element of the invention, or to offer it, if the third party knows or should have known that such means are appropriate. In order to reduce translation and trial costs, the European Union has adopted legislation on European patents with a unitary effect. The European Parliament approved the proposed regulation on 11 December 2012[3] [4] and came into force in January 2013. [5] [6] Since Spain and Italy objected to the translation requirements which contained only the three languages of the European Patent Convention in English, German and French, they did not originally participate in the Regulation, which had therefore been organised as a mechanism for enhanced cooperation between the Member States, but Italy subsequently joined. The registration of the unit effect is organised by the European Patent Office and is expected to result in limited translation requirements and a uniform annual tax for the whole territory. The rules for representation before the court were approved in September 2015. These include requirements for the European patent certificate (accredited for university studies) and equivalent certificates accepted during a transitional period. Patent lawyers with a law degree are excluded from the EPLC. [42] 4.

With the agreement of the parties, the competent body may, for reasons of convenience and fairness, decide on the use of the language in which the patent was issued as a language of procedure, for reasons of convenience and fairness. The Trial Court would have a central section based in Paris and thematic sections in London[8] that would focus on chemistry cases, including drugs (in the International Patent Classification (IPC) classification C) and human necessities (in the IPC A classification) and Munich (mechanical engineering cases in the classification above). [9] [10] In addition, participating countries may create one or more local court departments if the minimum burden conditions are met. Countries can also set up a regional division that will serve as the group`s local department. The agreement does not specify which countries would create local or regional departments. 2. The management committee may amend this agreement to bring it into line with international patent law or EU law. More information on the work and progress of the preparatory committee is available on its website www.unified-patent-court.org. In the Netherlands, European patents apply to the whole kingdom, with the exception of Aruba. However, the ratification by the Netherlands in 2016 applied only to the European part of the Kingdom. At the request of Curacaao and Sint Maarten and after a positive advice of the recommendations of the European Commission, CuraƩao and Sint Maarten, as well as Bonaire, Sint Eustache and Saba, are currently the subject of a parliamentary approval procedure under which the government plans to extend the application to these regions.

[143] 1. In the context of the appeals under Article 32, paragraph 1, point (i), the Court of Justice may exercise any power conferred on the European Patent Office under Article 9 of Regulation (EU) No 1257/2012, including the rectification of the register of unitary patent protection.