The Council agreed on general approaches on two draft regulations implementing enhanced cooperation in the area of unitary patent protection. The Council use the enhanced cooperation to launch the procedure. It was requested by 25 out of 27 EU member states with the aim of establishing a unitary patent that will be valid across the territory of the participating member states. All member states except Italy and Spain were in favour of the use of enhanced cooperation.

The agreement follows the two proposals submitted by the Commission last April, the Proposal for a Regulation of the Council and the European Parliament implementing enhanced cooperation in the area of the creation of unitary patent protection and the Proposal for a Council Regulation implementing enhanced cooperation in the area of unitary patent protection with regard to the applicable translation arrangements. The Council agreed in both proposals on general approaches. A general approach is an agreement on the essential elements of a legal act, pending the opinion of the European Parliament.

The Hungarian Presidency Minister of State Mr. Zoltán Cséfalvay, chairing the Council meeting, stated on this decision that the new system shall help European companies attract investment into their innovative activities by dramatically shortening and simplifying the procedure of obtaining patent protection. Creating a simpler and more accessible patent system is also a top priority of the Single Market Act. Michel Barnier, the Commissioner responsible for internal market and services, highlighted that working closely with the European Parliament, the final objective, the creation of unitary patent protection, is within reach. He also assured that it they maintain their cooperative spirit, a unitary patent in Europe could be a reality within the next two years.

The use of enhanced cooperation was requested by 25 out of 27 EU member states with the aim of establishing a unitary patent that will be valid across the territory of the participating member states. The lack of unanimity on the number of languages in which the future unitary patent will be valid, hence the recourse to enhanced cooperation. All Member States agreed on this procedure with the exceptions of Italy and Spain.