The European Parliament recently voted in favour of the proposed Regulation establishing a unitary patent right (UP) across 25 of the EU Member States (excluding Spain and Italy currently) using the enhanced cooperation procedure, along with associated language provisions and the establishment of a Unified Patent Court where the right will be litigated. This follows the Council of Europe's announcement that it had reached agreement on a final draft of the Unitary Patent Regulation.

Significant changes to the European patent system are expected within the next few months. Our associated firm, Herbert Smith Freehills explains the new system in the article Onwards and UP-wards – the European unitary patent and unified patent court system march closer to reality