As I've noted a couple of times, one of the key issues that has yet to be resolved concerning the proposed EU Unitary Patent system is which court will have the final say. Will it be the European Court of Justice (ECJ), or the main Unitary Patent Court? Or, put another way, will Articles 6 to 8 of the Unitary Patent Regulation to be adopted by the Council and the European Parliament be deleted or not? If they are removed, ultimate power rests with the Unitary Patent Court; if they remain, the ECJ has the last word.
On Open Enterprise blog.