Unified EU patent scheme moves a step closer

Unified Patent Court to be introduced in 2014 after Spanish and Italian objections rejected

The European Court of Justice has dismissed a challenge from Spain and Italy to a long-awaited European Union-wide patent scheme, moving it to the brink of approval.

The proposed unitary patent and Unified Patent Court (UPC) system, due to come into force next year, is designed to centralise the process for patent registration across the EU by simplifying procedures and lowering costs.

Supporters of the UPC argue that it will make patent protection more accessible, especially to small and medium-sized businesses, as well as helping to make Europe more appealing to inventors and technology companies.

Spain and Italy had objected to the UPC because its official patent languages will only be English, French and German. However, the European Court of Justice determined the proposal "does not prejudice any competence, right or obligation" on Spain or Italy, who are free to join UPC if they so wish.

"An important hurdle has been overcome, and the decision will doubtless encourage member states in progressing preparations to set up the UPC, which began in earnest in March following signature of the UPC Agreement on 19 February 2013," said Alan Johnson, partner at law firm Bristows.

"Substantial hurdles remain, however," he continued. "Foremost among these is a further Spanish challenge to the legality of the proposed regime: this time to the unitary patent and language regulations themselves.

"This action was brought in late March 2013 and, until a decision in that action is handed down, an element of uncertainty undoubtedly remains," he added.

Patents have increasingly become a battleground for computer hardware and software companies, with last year's Apple v Samsung patent trial perhaps the most high profile to date.