CJEU Advocate General: 25 member states can agree a unitary patent deal

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CJEU Advocate General: 25 member states can agree a unitary patent deal

An important hurdle in the path of the unitary patent looks set to be dismantled after a key legal adviser at the Court of Justice of the EU said today that 25 member states should be able to press ahead with a deal without Italy and Spain

Last year the two countries asked Europe’s highest court to stop the European Council from pursuing the unitary patent package under the enhanced cooperation procedure.

The two countries are particularly unhappy about the proposal to make English, French and German the official languages of the unitary patent system.

Today Advocate General Bot said that the question of the language arrangements for the unitary patent “is not a condition that determines the validity of the decision authorising enhanced cooperation” and advised the Court to rule that Italy and Spain’s request to prevent the use of the enhanced cooperation procedure is inadmissible.

Italy and Spain had argued that enhanced cooperation procedure authorised by the Council would undermine the internal market and economic, social and territorial cohesion; constitute a barrier to trade between member states; and distort competition between them.

But Bot dismissed their claims. “To my mind there is no evidence that it would do so: indeed, it would do precisely the opposite,” he wrote.

Although the Court is not obliged to follow the Advocate General’s advice, it does in the majority of cases.

The Court of Justice is expected to rule in the case next year.

Keep up to date with all the unitary patent developments by bookmarking Managing IP's dedicated unitary patent page.






more from across site and ros bottom lb

More from across our site

Law firm Stephens Scown secured victory for its client in a dispute over two cider products
The Court of Appeal said the UPC can award damages based on a national court’s infringement ruling, giving the last laugh to the lawyer who filed the case
AI
Robert Guthrie at Osborne Clarke runs through the government’s AI and copyright consultation and considers the expected challenges
A lawyer firing Meta as a client has reinforced why the industry should not shy away from losing business from those with questionable ethical standards, even if it comes at a cost
A blow for Getty ahead of its AI showdown with Stability AI and a licensing deal between Nokia and Samsung were among the big talking points this week
The IP Federation has written to the UPC Court of Appeal’s presiding judge ahead of a crucial decision on whether in-house lawyers and attorneys can represent their employers in litigation
A Boies Schiller Flexner partner explains how he helped toy company Tangle prevail in a copyright case concerning a kinetic sculpture
Awards
Submit your nominations for this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
Sources at four firms tell Managing IP whether COVID-induced policies such as remote working have helped save money and outline the effect on their practices
Gift this article