Unified Patent: Objections Dismissed

The Court of Justice of the European Union (CJEU) has rejected complaints from Spain and Italy about the legality and fairness of plans for an EU unitary patent framework.

24 EU countries, including the UK, have signed an agreement for the creation of a new unitary patent court system that should deal with cases relating to the validity and infringement of the unitary patent that will be effective from 1 January 2014. Only Spain and Italy challenged these plans by claiming that the legislative process used to establish the unitary patent framework does not allow for the creation of such a system and stating that this would be an infringement of EU law. CJEU has now ruled to reject their complaints.

Many experts are sure that this was not the last attempt by EU member states to derail the new European patent system.