Lehne on the unitary patent: deleting articles 6-8 is not acceptable

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

Lehne on the unitary patent: deleting articles 6-8 is not acceptable

MEPs will not back a system of pan-European patent litigation that does not give the Court of Justice of the EU a role in deciding what constitutes infringement of a unitary patent, says Klaus-Heiner Lehne, chair of the Parliament’s Legal Affairs Committee

Last week senior European Commission official Kerstin Jorna told Managing IP she believed member states and MEPs were considering ways of compromising on the issue, which threatens to derail plans to introduce a unitary patent for Europe along with a system for litigating it.

Before Parliament’s summer recess, the Council of Ministers agreed to support the Commission’s proposals for a unitary patent package, but recommended that MEPs remove Articles 6 to 8 from the draft regulation. These articles explain what constitutes direct and indirect infringement of a unitary patent and the limits on rights conferred by the patent. The Court of Justice would be given the final say on how the articles would be interpreted.

MEPs responded angrily, accusing member states of reneging on an informal agreement on the content of the patent regulation that the two sides had reached in December.

Although Jorna suggested the two sides may be looking for a compromise solution, Lehne, who chairs the influential Legal Affairs Committee and is Parliament’s rapporteur on the unitary patent proposals, said MEPs would not support a plan to remove the articles.

“I do not want to speculate on the specifics of a possible compromise, but for me it is quite clear that a simple deletion of the Articles 6-8 will not be acceptable to the European Parliament,” he told Managing IP by email.

The Legal Affairs Committee is set to discuss the unitary patent at its meeting on October 11 but will not be taking a vote.

In principle, if Parliament votes in favour of a different text to that agreed by the Council, the file would have to go to a second reading, said Lehne, adding: “I would prefer if the Council would propose a workable compromise.”

The German MEP, who is a partner of law firm Taylor Wessing, declined to say whether he believed it preferable to reject the unitary package as a whole rather than have a system that does not give the EU’s highest court a role in interpreting the law governing it.

“What is important is that we find a solution which ensures that the patent regulation is in conformity to EU-law,” he said.

The latest draft agreement on a Unified Patent Court and draft Statute was published by the Cypriot presidency of the EU on Thursday. The main changes to the document reflect positions agreed by the Council of Ministers in June. The document will be discussed by a meeting of the Friends of the Presidency group on October 5.

You can read more about Klaus-Heiner Lehne in Managing IP's 2012 list of the 50 most influential people in IP.

more from across site and SHARED ros bottom lb

More from across our site

The firm has added two leading damages specialists as it expands beyond technical analysis and deepens its role in the economics of IP litigation
Josh Seidenfeld, partner at DLA Piper, outlines the emerging legal trends that drive the future of life sciences innovation and how stakeholders can prepare for the future
South Korea's One Law Partners is combining with boutique firm Minwho Law Group to leverage global expansion of K-content and build a broader offering spanning IP, tech and regulatory advisory work
Russell Kennedy's Gina Tresidder on juggling matters, delivering hard truths, and why IP ownership is rarely as simple as people think
Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Gift this article