AbstractThe possibility of obtaining a single patent uniformly valid for the entire territory of the European Union has been desired for decades. Despite of a consensus over the need for such instrument, Member States have still not reached unanimity regarding the exact specifics of the European Union patent system. Ultimately, 25 Member States resorted to the use of enhanced cooperation.
This article will analyze the legality of authorized enhanced cooperation. It will do so in the light of arguments raised by Italy and Spain in their actions for annulment of the decision authorizing enhanced cooperation, brought in front of the ECJ. Further on, the legality of acts that are to be reached through enhanced cooperation will be assessed, by analyzing whether the proposed patent system complies with the invoked legal basis which requires introduction of a new intellectual property right. If it does not, this article will assess possible ways to amend this mistake.