Patent Law Harmonisation in Transit

Abstract

Just over a year after defending my dissertation, Harmonising the Acts of Patent Infringement in Europe, I reflect on two of its main contributions: first, the role of judicial dialogue in fostering harmonisation, and second, how the Court of Justice of the European Union’s case law on supplementary protection certificates may offer clues as to how the Court will approach preliminary references concerning the Unitary Patent. I submit that the harmonisation of European patent law remains a work in progress rather than a settled or finalised system.