The proposal on the creation of a unitary patent protection system, which has been introduced by the enhanced cooperation procedure, has now to deal with the complaint lodged by Italy and Spain to the European Court of Justice before pass to the Council and European Parliament final approval.

The EU patent is backed by 25 member states and is being introduced under the “enhanced cooperation” procedure, after failure to obtain unanimity due to opposition to the proposed language scheme (English, French and German) from Italy and Spain. The proposal intends to reduce radically the cost of patents in Europe by up to 80%. Although, the whole procedure will be done on the three mentioned languages, patent applications can be submitted in any European language.

Michel Barnier, the Internal Market Commissioner has stated in referral to the Italian and Spanish authorities decision that the enhanced co-operation procedure presented by the Commission is not discriminatory. He also highlighted that the Commission is committed to assured that Italian and Spanish business will suffer no discrimination.

The issue will be discussed by the Competitiveness ministers in a special meeting on 27 June in Luxembourg.