< Back to latest news & events

UPC

ECJ clears the way for the Unitary Patent

May 2015

Yesterday the ECJ delivered two judgments which both dismissed Spain’s actions trying to annul the regulations forming part of the Unitary Patent.

Yesterday the ECJ delivered two judgments which both dismissed Spain’s actions trying to annul the regulations forming part of the unitary patent; the regulation on the creation of unitary patent protection (Case C-146/13) and the regulation governing the applicable translation arrangements (Case C-147/13). European Member States, the European institutions and individuals may, under certain conditions, bring an action for annulment before the ECJ. If the action is successful, this means the regulation no longer exists.

By dismissing the actions, the ECJ has removed any uncertainty over the legality on the legislation surrounding the unitary patent and the future unified patent court (UPC). Following the judgements, the European Patent Office welcomed the decision, and expressed its hope that the judgments give new impetus to the process of ratification and implementation of the UPC Agreement, and that the unitary patent package can come into operation in the course of 2016.

Press release of the CJEU
Judgment (5.5.2015) of the CJEU in Case Spain v Parliament and Council (C-146/13)
Judgment (5.5.2015) of the CJEU in Case Spain v Council (C-147/13)
EPO welcomes CJEU decisions which clear the way for the unitary patent

Latest updates

The EPO Board of Appeal comments on the scope of the morality exclusion from patentability

The recent decision, T1553/22 of the Board of Appeal required the Board to consider the scope of the exclusions from patentability under Article 53(a) EPC. The invention in this case …

Read article

Can intellectual property and foreign investment save struggling European eVTOL companies?

With the ongoing funding difficulties in the European eVTOL sector, we look at the role that intellectual property is likely to play in the prospects for the survival of Lilium …

Read article

Managing IP EMEA Awards 2025

The shortlist for the 20th annual Managing IP EMEA Awards 2025 has been announced, and it is a record-breaking year for HGF’s European team with an incredible 23 nominations! This …

Read article

Designation of a technical standard as a trademark

EUTMR Article 7 (1) (c) and Article 7 (1) (b) – DASH The designation “DASH” of the technical standard/protocol/format for streaming data on the Internet constitutes a descriptive indication in …

Read article

HGF ranked band 4 in Chambers and Partners Global Guide for Germany in 2025

Chambers and Partners Global Guide 2025 is now live. HGF is proud to be ranked as a firm in Germany. HGF is ranked band 4 for: Germany: Intellectual Property: Patent …

Read article

HGF ranked in The Legal 500 Germany 2025

HGF is proud to be ranked in The Legal 500 Germany 2025 guide. The Legal 500 provides the most comprehensive worldwide coverage on recommended Law firms, Lawyers, Attorneys, Advocates, Solicitors, …

Read article

T 1847/22: Procedural considerations in appeal: Re-ordering of requests and the impact on admissibility

Background This case concerned EP 3 085 344 B1, which relates to a wound pad, a self-adhesive member comprising a wound pad. The patent was opposed by two opponents. During …

Read article