CJEU dismisses Spain’s objections to unitary patent legislation

Summary

The CJEU has dismissed each of Spain’s challenges to EU regulations creating the unitary patent package. In so doing, it has removed one of the last major legal obstacles to its implementation. All that now remains is for the EU Member States to ratify the Unified Patent Court (“UPC”) Agreement. The unitary patent package will enter into force when the UPC Agreement has been ratified by 13 Member States including France, Germany and the UK. This is expected to be in late 2016 or early 2017.