Home » Patents » Unitary patent: Advocate General’s opinion on the Spanish Challenge is delayed

Unitary patent: Advocate General’s opinion on the Spanish Challenge is delayed

Keltie LLP

K2 IP Limited

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Unified patent courtSet phasers to “Wild Speculation”.

As has been widely covered, Spain is challenging the Unitary Patent Package via two actions at the CJEU ( C-146/13 and C-147/13 against the European Parliament and the European Council). In what has been a relatively quiet few months for news relating to the unitary patent and the unified patent court, IPcopy was looking forward to 21 October 2014 which was when the Advocate General was expected to publish the AG’s opinion on the two Spanish actions.

However, the IPO’s monthly newsletter IP Connect is now reporting that publication of the AG’s opinion will not take place in October and no revised date has been given (see page 5 of the October IP Connect). What does this mean? Perhaps the AG is just busy but maybe there are issues with the opinion and its potential impact on the Unitary Patent Package or perhaps the EPO’s role in the system. We’ll keep an eye out for further news on this issue but if anyone knows more please feel free to chime in below in the comments section.

Mark Richardson 6 October 2014


1 Comment

  1. fish says:

    Spain and UPC states now have a supplementary period to negotiate something (assuming Spain can withdraw its claim).
    And firms proposing great shows such as “all about UPC” or “all you always wanted to know about unitary patents” can continue earning money.

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