The European Unitary Patent System and Unified Patent Court

Spain’s challenges fail

The Court of Justice of the European Union (“CJEU”) dismisses both of Spain’s challenges to legislation relating to the Unified Patent System. In the first case, Spain objected to the implementation of the European Regulation that creates the “European patent with unitary effect”.

In its second case, Spain challenged the European Regulation that governs the applicable translation arrangements on the basis that the language arrangements are prejudicial to individuals who do not speak English, French or German.

The CJEU rejected Spain’s arguments and emphasised that the Unified Patent System was designed to provide uniform patent protection across participating European countries and to facilitate access to patent protection, particularly for SMEs. The language arrangements were designed to make the proposed system “as a whole easier, less costly and legally more secure.”

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