With its decision of May 5, 2015, the European Court of Justice has dismissed the case of Spain against the planned “EU Patent” and “Unified Patent Court”. Thus, there is nothing standing in the way of the EU patent anymore.
The regulations on the “EU Patent” came into force on January 20, 2013. They will become valid on that day when an agreement on a “Unified Patent Court” comes into force, depending on which occurs later. Thus, entry into force of the regulations on the “EU Patent” is coupled with the agreement on a “Unified Patent Court”. The agreement on a “Unified Patent Court” will come into effect either on the first day of the fourth month after the 13th instrument of ratification and accession has been deposited (given that Germany, France and the UK are one of these 13 countries), or on the first date of the fourth month after the amendments of Regulation (EU) 1215/2012 (regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) concerning the relationship between the regulations and the agreement have come into force. The current status of the ratifications can be found at: www.consilium.europa.eu/en/documents-publications/agreements-conventions/agreement/?aid=2013001. The “Unified Patent Court” can be found at: www.unified-patent-court.org/.