MEPs approved the so-called "EU patent package" (unitary patent, language regime and unified patent court). Moreover, Ministers endorsed the political agreement for the establishment of a unitary patent system valid across the EU. On the other hand, an Advocate General’s Opinion proposes that the Court of Justice of the European Union dismiss the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the unitary patent. The two regulations on the Unitary Patent and the translation arrangements should be formally adopted by the Council before the end of 2012.

The compromise text on the "EU patent package" between the Council and the Parliament was agreed by MEPs in a vote held on 11 December. Previously, Ministers also endorsed the agreement reached by the Permanent Representatives Committee on the patents package. After the vote, the two regulations on the Unitary Patent and the translation arrangements should be formally adopted by the Council before the end of 2012.

Furthermore, the Advocate General’s Opinion in Joined Cases C-274/11 and 295/11 Spain and Italy v Council proposes that Court of Justice of the European Union dismiss the actions brought by Spain and Italy against the Council’s decision authorising enhanced cooperation in the area of the unitary patent. The Advocate General is of the view that a mechanism intended to create a unitary patent would have the effect of conferring uniform protection on the territory of several Member States and of contributing to the harmonious development of the Union as a whole by reducing the existing disparities between those Member States. With regard to the languages question raised for both countries, the Advocate General considers that the question of those language arrangements is not a condition that determines the validity of the decision authorising enhanced cooperation.

The "EU patent package" is a product of enhanced cooperation between 25 member states. It consists of two regulations; one creates the unitary patent and the other provides for its language translation regime. Italy and Spain opted out of participating in the enhanced cooperation because of the translation arrangements. According to the Council, the establishment of a unitary patent system valid across the EU, which has been under discussion for more than 30 years, will contribute to an increase in patent activity, especially for small- and medium-sized enterprises (SMEs). It will also contribute significantly to lowering the costs associated with obtaining a patent in the EU.