The Council adopted the regulation with a view to implementing enhanced cooperation in the area of the creation of unitary patent protection and the regulation on its translation arrangements.

According to the Council, the lack of a unitary patent protection system has constituted a market barrier for European entrepreneurs to a normal and effective functioning in both the EU internal market and on the world markets. Therefore, it has adopted two regulations with a view to implementing enhanced cooperation in the area of the creation of unitary patent protection and its translation arrangements. MEPs approved the so-called "EU patent package" in the plenary session held in December 2012.

Ministers highlighted that the new unitary patent model will encourage EU businesses to increase their innovation activity, thus enhancing their competitiveness. It will also increase the interest for EU companies to protect their inventions across Europe. The package allowing for the creation of a unitary system of patent protection consists of the two regulations adopted and an international agreement creating a Unified Patent Court.

The regulation creating unitary patent protection will entrust the European Patent Office (EPO) with the task of granting unitary patent titles valid in the 25 member states participating in the enhanced cooperation. The Council stressed that the participating member states (all EU member states except Italy and Spain) will also delegate a number of administrative tasks relating to European patents with unitary effect to the EPO, such as registrations, transfers, publications, reimbursement of translation costs and the collection and distribution of renewal fees.