Spain and Italy have opposed this model in recent years and have been left out of this new patent system because they believe it is discrimination against their languages​​. And they have done it because the rules have been negotiated under the enhanced cooperation procedure, which allows Member States who wish to advance certain policies, while others may be left out and join at any time.

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The grievance stems from the decision that both applications, including formal patent will be presented in English, French or German, and not valid any other language present in the EU. During the negotiation, Spain offered to all patents to be translated into English as a second language to choice, but it was rejected out of Germany and France. And also rejected the proposal that English was the only language.