Pagenberg attacks unitary patent package as an “unworkable solution”

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Pagenberg attacks unitary patent package as an “unworkable solution”

Jochen Pagenberg, a former member of an EU Commission-appointed Expert Committee on the future patent court, has told the EU president that the unitary patent package due to be discussed by member states today is an “unworkable solution”

In an open letter to Herman van Rumpuy, he accuses EU officials of negotiating the deal without proper transparency.

“[T]he details of how this dossier has been handled by the instances in Brussels over the last six months show such an amount of undemocratic behavior that few people in Europe would have imagined,” he writes.

“The multiplication of compromises has resulted in an unworkable solution which industry will no longer wish to use because of serious drafting errors of people who obviously have no practical experience in patent litigation and are not interested in any advice of those who have.”

Pagenberg, a partner in German IP firm Bardehle Pagenberg, goes on to say that there is not enough time before the end of the Danish presidency on June 30 to devote to remedying problems in the patent deal.

The letter was copied to officials from the Danish government and the European Commission, members of the European Parliament who have followed the patent package debates closely, and to journalists.

His last-ditch attempt to urge politicians to rethink the unitary patent package come on the day that ministers in charge of IP policy across the EU meet in Brussels to discuss the issue.

The Council’s deliberations are normally broadcast live. But Managing IP understands that the patent discussions will not be shown as they relate to an international agreement rather than EU legislation.

EU negotiators say that the location of the central division is the only issue to be resolved before the unitary patent and unified patent court can be agreed.

Meanwhile, a group of lawyers and judges submitted a final proposal this month on the rules of procedure for the court to the European Commission. The draft incorporates suggestions made in 31 responses received from industry and professional bodies across the EU and runs to some 162 pages including edits.

more from across site and SHARED ros bottom lb

More from across our site

Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
Gift this article