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so that all EU member states except Spain and Croatia now participate in the enhanced cooperation for a unitary patent.Unitary effect of newly granted European patents can be requested from the date when the related Unified Patent Court Agreement enters into force for the first group of ratifiers, and will extend to those participating member states for which the UPC Agreement had entered into force at the time of registration of the unitary patent.By the end of 2012 a new compromise was reached between the European Parliament and the European Council, including a limited role for the European Court of Justice.The Unified Court will apply the Unified Patent Court Agreement, which is considered national patent law from an EU law point of view, but still is equal for each participant.If not, I will take it up at the June European Council." A compromise agreement on the seat(s) of the unified court was eventually reached at the June European Council (28–29 June 2012), splitting the central division according to technology between Paris (the main seat), London and Munich.However, on 2 July 2012, the European Parliament decided to postpone the vote following a move by the European Council to modify the arrangements previously approved by MEPs in negotiations with the European Council.

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In 2011, Mikołaj Dowgielewicz, Polish Minister for European and Economic Affairs, said: "We have our backs to the wall: one or two member states are not willing to compromise and there will not be a breakthrough before the end of our Presidency." Based on those documents, the European Council requested on 6 July 2009 an opinion from the Court of Justice of the European Union, regarding the compatibility of the envisioned Agreement with EU law: "‘Is the envisaged agreement creating a Unified Patent Litigation System (currently named European and Community Patents Court) compatible with the provisions of the Treaty establishing the European Community?

At different times, the project, or very similar projects, have been referred to as the "European Union patent" (the name used in the EU treaties, which serve as the legal basis for EU competency), "EU patent", "Community patent", "European Community Patent", "EC patent" By not requiring translations into a language of each contracting state, and by requiring the payment of only a single renewal fee for the group of contracting states, the unitary patent aims to be cheaper than European patents.

Instead, unitary patents will be accepted in English, French, or German with no further translation required after grant.

The modification was considered controversial and included the deletion of three key articles (6–8) of the legislation, seeking to reduce the competence of the European Union Court of Justice in unitary patent litigation.

On 9 July 2012, the Committee on Legal Affairs of the European Parliament debated the patent package following the decisions adopted by the General Council on 28–29 June 2012 in camera in the presence of MEP Bernhard Rapkay.

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