European Union's Highest Court Approves Unitary Patent System

Submitted by patentadmin on Tue, 04/16/2013 - 22:02

April 16, 2013 - The Court of Justice of the European Union (CJEU) cleared the way to proceed with the creation of a unitary patent system when the court dismissed challenges by Italy and Spain.

The two countries had objected to the creation of the EU unitary patent on the grounds that the legislative process used to create the new patent system was misused and an infringement of EU law.

However, the CJEU said that the countries had engaged in the process properly and that Italy and Spain's claims that the new unitary patent system would "undermine the internal market" and create a barrier to trade were unfounded.