After nearly 40 years of discussion, a unitary patent system for the European Union is set to become a reality. In December 2012, the European Parliament approved the legislation necessary to create a streamlined system for obtaining EU-wide patent protection and a complementary unified patent court system.

Twenty-five EU member states have agreed to take part in the new regime, with Spain and Italy currently opting out. On Feb. 19, 24 EU member states signed an international agreement setting up a unified patent court, with Spain, Bulgaria and Poland opting out of this single, specialized patent jurisdiction. Many of the details of the new unitary patent and unified patent court are yet to be determined, and the system will go into effect in 2014 at the earliest, although it’s more than likely to take a few additional years before it goes live.