Spain has brought further actions before the Court of Justice of the European Union to challenge the regulations implementing the unitary patent. These actions appear to be initiated by Spain only, and for the time being are not followed by Italy.
Spain previously protested against the use of the ‘enhanced cooperation’ procedure to create the new Unitary Patent system. The European Court of Justice has not yet issued its judgment in this case, but the opinion of the Advocate General was that the complaint should be dismissed.
The details of the new complaints are not yet accessible, but it is possible that these new challenges could delay the implementation of the new unitary patent system.
The extent of this possible delay is important for all patent applicants, since it may affect prosecution strategies in Europe, as only patents granted after the entry into force of the Unitary patent can benefit from the new system.
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