If you have been following the story so far, you will recall that there has been a general desire amongst many European countries to have a single patent that covers the whole of Europe (the Unitary Patent) and a single court in which patent disputes are judged (the Unified Patent Court). However, some countries have not been so keen – notably Spain and Italy. These countries have taken various approaches ranging, in playground terms, from something akin to “You must play by my rules” to “I’m going to tell teacher that you are not being fair and get teacher to stop anyone playing”.
In the latest development, teacher – in the form of the Court of Justice of the European Union – has dismissed the latest challenges from Spain, and in doing so has decided that the rest of Europe – or at least those who want to – can continue with the plans for a single European Patent and Patent Court. Hopefully this means that a single patent covering the whole of Europe (except for those who decide not to play) may be here by the end of 2016.
To raise this debate above the level of the playground squabble, we have prepared a summary of the progress so far, the nature of the Spanish challenges and the next steps in implementation – all you need to know about the Unitary Patent and the Unified Patent Court. Click here to read it.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking before any action in reliance on it.