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

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 SHARED ros bottom lb

More from across our site

Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Gift this article