Green Light from AG Bot for Unitary Patent in Europe

Published November 2014

Green Light from AG Bot for Unitary Patent in Europe

The Opinion of Advocate General Bot, regarding Spain’s actions (CJEU cases C-146/13 and C-147/13) that the Regulations surrounding the creating of the European Unitary Patent should be annulled, has been given today. It is the Opinion of AG Bot that the CJEU should dismiss Spain’s actions.

Spain pleaded that the proposed language scheme would be discriminatory to persons whose mother tongue was not German, French or English. Furthermore, that aspects of EU law had been breached in the arranging of the Regulation on the Unitary Patent and Unified Patent Court.

Today’s press release states that unitary protection “brings real benefit” over the current European Patent Convention, where the effects of European patents are determined by national laws. Furthermore, even though the language arrangements that have been selected under the regime may curtail the use of some European languages, they “pursue a legitimate objective of reducing translation costs”. To limit the number of languages for the European Unitary Patent will reduce costs, and furthermore, acknowledges the linguistic realities of the patent sector (German, French and English are the most popular spoken languages from which patent application in the EU originate, as well as the languages of most published scientific papers).

In both cases brought by Spain, AG Bot proposed that CJEU should dismiss Spain’s actions.

The opinion of the Advocate General is not binding on the CJEU, and judgements will be given at a later stage. However, it is unusual for the Court not to follow the Opinion of the AG. The Opinion signifies a green light for unitary patent protection in Europe.

Latest updates

Event - 22nd September 2026

HGF are sponsors of LSPN Europe 2026

HGF is proud to sponsor LSPN Europe 2026, the premier event for IP professionals in the life sciences sector. Join us on September 22-23 in Basel for two days packed …

Event details
Event - 2nd September 2026

IP Clinic for SMEs at ETZ EnergyWorks

If you’re developing a new technology or growing your business, understanding your intellectual property (IP) early can help you protect your innovation, attract investment and avoid costly mistakes. Join HGF …

Event details
Event - 16th September 2026

Basel seminar - New developments in SPCs

VENUE – Der Teufelhof Basel, The Archaeological Cellar Join us on Wednesday 16th September 5:30 – 8:00 pm (CEST) for our seminar on the latest developments in Supplementary Protection Certificates …

Event details
Event - 10th July 2026

IP Clinic for SMEs at ETZ EnergyWorks

If you’re developing a new technology or growing your business, understanding your intellectual property (IP) early can help you protect your innovation, attract investment and avoid costly mistakes. Join HGF …

Event details
Event - 24th June 2026

IP Clinic for SMEs at ETZ EnergyWorks

Following the success of our first session, we’re pleased to announce our next Intellectual Property (IP) clinic taking place at ETZ EnergyWorks in Aberdeen on Wednesday 24 June 2026, from …

Event details
Event - 2nd June 2026

HGF are proud sponsors of Retail Week General Counsel 2026

HGF is proud to be sponsoring Retail Week General Counsel. This will take place on Wednesday 3rd June at Ham Yard Hotel. The retail legal landscape is undergoing a fundamental …

Event details
Event - 5th May 2026

IP Clinic for SMEs at ETZ EnergyWorks

We’re pleased to announce a free Intellectual Property (IP) clinic taking place at ETZ EnergyWorks in Aberdeen on Wednesday 27th May, from 11.00am to 4.00pm, designed to support SMEs in …

Event details
Event - 11th - 12th May 2026

HGF is proud to be attending the 14th Microbiome R&D and Business Collaboration Forum: Europe 8th Skin Microbiome and Cosmeceuticals Congress: Europe.

HGF is proud to be attending the 14th Microbiome R&D and Business Collaboration Forum: Europe 8th Skin Microbiome and Cosmeceuticals Congress: Europe. It will be held on Monday 11-12th May …

Event details