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

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article