Latest on the Spanish Challenge to the Unitary Patent for Europe

July 2014

The case Spain v Parliament and Council, challenging the validity of the proposed unitary patent regime, was heard on 1 July 2014.  As previously reported here, this challenge from Spain is trying to stop the proposed unitary patent for Europe.

Spain has chosen not to participate in the proposed unitary patent regime, and is challenging the legality of the supporting Regulations.  Spain has made seven arguments against the legality of the Regulations on which the UP and UPC are founded.   It has been reported that during the hearing the Commission did not take an overly defensive position regarding the challenge from Spain, but that eight member states, including the UK, all argued in support of  the UP Regulations.

The next stage in the process will be the opinion of the Advocate-General, expected on 21 October 2014, with the final decision of the Commission to follow.