20 February 2017
Madrid
Reporter: Barney Dixon

Spain should ‘reconsider’ position on unitary patent


The Spanish Socialist Workers’ Party (PSOE) has called on the Spanish government to reconsider the country’s participation in the unitary patent system.

In a non-legislative motion, submitted on 13 February, the PSOE said it is “necessary to reconsider the position of the Spanish government”, as it is only one of two EU member states that remain outside of the system.

Spain has stood against the unitary patent since its inception due to concerns over the system’s language arrangements.

“Maintaining its opposition to the unitary patent system ... will seriously undermine the competitiveness of our companies and our innovation process once this system comes into force,” the PSOE argued.

Addressing arguments against the potential language barrier of the system, the PSOE said: “The damage generated by the language regime has effected any Spanish company that wants to register its European patent through the European Patent Office ... if left outside the new system, the damage will be greater.”

The motion also suggested that Spain could use the UK’s exit from the EU to request the London seat of the Unified Patent Court (UPC) central division.

“The imminent departure of the UK from the union could lead to a delay in entry of the new patent system, because it was envisaged that the headquarters of one of the specialised divisions of the UPC would be located in London.”

“A possible delay that should be taken advantage of by the Spanish government adopting a proactive and conciliatory position that would allow us to reposition the position to Spain.”

More Europe news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Universities should be more flexible
18 August 2017 | London | Reporter: Barney Dixon
Perceived barriers could potentially be torn down by the Aarhus University’s proposed ‘patent free’ research zone, but academia should not be wedded to a single solution, according to Sean Jauss, partner at Mewburn Ellis
Aarhus University champions ‘patent free’ research zone
10 August 2017 | Aarhus | Reporter: Barney Dixon
Aarhus University, along with leading Danish industrial companies including Lego, has created the Open Science platform in a move away from the patenting ‘rat race’
Apple paid $1.7 billion to Nokia
31 July 2017 | Espoo | Reporter: Barney Dixon
Apple paid $1.7 billion up-front to Nokia as part of a patent settlement in May
PatSnap partners with GreyB
20 July 2017 | London | Reporter: Barney Dixon
Intellectual property analytics company PatSnap has entered into a strategic alliance with technology consulting and research firm GreyB
Top German court backs compulsory licence
14 July 2017 | Karlsruhe | Reporter: Mark Dugdale
A German court was right to grant a compulsory licence to a patent for a HIV drug, the country’s Federal Court of Justice has ruled
UK Supreme Court tweaks equivalent infringement
13 July 2017 | London | Reporter: Mark Dugdale
The UK Supreme Court’s ruling in Actavis v Eli Lilly put more emphasis on considering the invention in the patent when assessing whether a competitor infringes, according to Hogan Lovells
The UK Supreme Court has upheld the validity of and adjudged as infringed Eli Lilly’s vitamin regimen patent for Alimta