Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: The Secret Disappearance of Key Documents from the Public Domain,

Article on the deteriorating documentation of a major European legislative project (Published on 06/05/2026)


Contents:

Anyone seeking to review the many twists and turns of European patent reform will often find that documents previously published online are no longer available and cannot be found anywhere else on the internet. The documentation of European patent reform, supposedly a groundbreaking project of great success, is thus subject to a process of progressive erosion that is as astonishing as it is telling. This makes it all the more important to continue facilitating a profound, substantive scholarly examination of the project and to preserve access to as many of these “disappeared” documents as possible.

  • Download English version (Article of 06/05/2026, PDF)
  • Download German version (Article of 06/05/2026, PDF)


Sources used:

  • Link to Council document 14492/07 of 30/10/2007.
  • Link to Council document 14970/08 of 04/11/2008.
  • Link to Council document 15487/08 of 10/11/2008.
  • Link to Council document 11125/09 of 18/06/2009.
  • Link to CJEU Opinion 1/09 of 08/03/2011.
  • Link to the Statement of Position by the Advocates General of 02/07/2010 relating to opinion 1/09.
  • Link to the archived articles by Winfried Tilmann and Jochen Pagenberg on the EPLAW Blog.
  • Link to Stjerna, Die parlamentarische Historie des europäischen „Einheitspatents“ (Tredition 2016), the foreword can be viewed here.
  • Link to Stjerna, The Parliamentary History of the European “Unitary Patent” (Tredition 2016), the foreword can be viewed here.
  • Link to the EU Parliament Legal Service‘s preliminary Opinion SJ-0844/06 of 01/02/2007.
  • Link to the Commission Legal Service‘s “Note to Ms Fröhlinger” of 18/04/2011.
  • Link to the EU Parliament Legal Service‘s Opinion SJ-0462/12 of 09/07/2012.
  • Link to Commission document 7265/13 of 08/03/2013.
  • Link to the article Stjerna, EU Patent Reform – Squaring the circle after the »Brexit« vote.
  • Link to the article Stjerna, EU Patent Reform – The Gordon/Pascoe Opinion and the UP-CA’s incompatibility with Union law.
  • Link to the Opinion by Richard Gordon QC and Tom Pascoe “Re the Effect Of ‘Brexit’ on the Unitary Patent Regulation and the Unified Patent Court Agreement” of 12/09/2016.
  • Link to the article “No legal obstacles for post-Brexit UK to participate in Unitary Patent system” of 18/09/2016 on the Kluwer Patent Blog.
  • Link to the article Stjerna, EU Patent Reform – The »forgotten« documents of the Preparatory Committee of the Unified Patent Court.
  • Link to the article Stjerna, EU Patent Reform: Publication of documents from constitutional complaint proceedings 2 BvR 739/17 concerning the Agreement on a Unified Patent Court.
  • Link to the article “Constitutional Court asks for comments on German complaint against Unified Patent Court Agreement” of 06/09/2017 on the Kluwer Patent Blog.
  • Link to the article Stjerna, EU Patent Reform – Questions and answers on the German Constitutional Complaint proceedings.
  • Link to the article Stjerna, EU Patent Reform – The German state powers in constitutional complaint proceedings 2 BvR 739/17 (Part 2 of 2).
  • Link to the archived EPLIT website with the post Post “EPLIT comments to the complaint filed with the German Constitutional Court”.
  • Link to the article “EPLIT, BRAK, GRUR publish view on German complaint against ratification UPCA” of 25/01/2018 on the Kluwer Patent Blog.
  • Link to the Statement by EPLIT in constitutional complaint proceedings 2 BvR 739/17.


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