On 18 November the Advocate General Yves Bot gave his opinion on the Spanish challenges to the legality of the European patent with unitary effect, more particularly, concerning the regulation implementing the creation of a patent with unitary effect (Regulation 1257/2012) and the regulation governing the applicable translation arrangements (Regulation 1260/2012).

In both cases, the Advocate General proposed that the Court of Justice should dismiss Spain’s actions. According to the Advocate General, the unitary patent protection provides a genuine benefit in terms of uniformity and integration, whilst the choice of languages reduces translation costs considerably and safeguards the principle of legal certainty.

The Advocate General’s Opinion is not binding on the Court of Justice, although in most cases it is followed by the Court. The judgment will be given at a later date.

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