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Loyer&Abello Paris Cabinet d'avocats propriété intellectuelle

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European Patent with Unitary Effect: The Court of Justice dismisses the Spain’s Appeals against the unitary patent News
19 May 2015

By decisions dated May 5, 2015, the Court of Justice of the European Union has dismissed actions lodged by Spain against regulations 1257/2012/UE and 1260/2012/UE which aim respectively the creation of a unitary patent protection and the related translation regulations.

 

These decisions confirm especially that European patent with unitary effect will be granted by the European Patent Office based on the regulations of the European Patent Convention.

 

The aforementioned regulations 1257/2012/UE and 1260/2012/UE will be applicable from the date of the entry into Force of the Agreement on a Unified Patent Court, which must be ratified by 13 states including Germany, France and United Kingdom for entering into force.

 

To date, only six states have ratified it (Austria, Belgium, Denmark, France, Malta and Sweden).

 

It is desirable that these decisions of the Court of Justice give impetus to the process of ratification so that the regulations relating to the unitary patent can come into operation in the course of 2016.

 

Mickaël JEULAND

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