EU Advocate General Recommends Rejection of Spanish Objections to EU Unitary Patent

Posted by in Patents
  • Font size: Larger Smaller
  • Print

When EU member countries decided to work together to create the EU Unitary Patent, Spain refused to take part and subsequently filed various challenges against the proposals with the Courts of Justice of the EU (CJEU).  

On 18 November 2014, the Advocate General published an opinion suggesting the CJEU should dismiss the challenges.

We now await the CJEU's decision.  While the CJEU is not obliged to follow the Advocate General's opinion, it often does so and this would result in one more hurdle in the way of implementing the Unitary Patent being overcome.

Jonathan is a British and European Patent Attorney. He studied Cybernetics with Computer Science at Reading University. He is also a Chartered IT Professional and is a member of the BCS, the Chartered Institute for IT. He is active in promoting IP awareness in IT companies and spends much of his time dealing with both IP for IT and technical IT issues.