Last December 23, 2003 saw the publication of the Proposal of Decision of the E.U. Council, which confers community patent litigation jurisdiction to the Justice Court. The Proposal of Decision of the Council is part of a broader project: the establishment of the community patent. This is a system of legal protection for inventions that could be litigated before a single court, with uniform rules, and whose decisions would be binding on the whole Community. The goal of this work is to analyze the future prospects that would be opened by said Proposal (IV), after analyzing the status quaestionis of patent protection in Europe (III), in the context of global competition (II).