II. Legal framework
8These two regulations implement enhanced cooperation in the area of the creation of Unitary Patent protection (see Council Decision 2011/167/EU). Enhanced cooperation is a procedure allowing nine or more EU Member States, referred to as "participating Member States", to work together to achieve greater integration in a given area within the EU structures but without the non-participating Member States being involved. It is regulated by Article 20 of the Treaty on European Union and Articles 326 to 334 of the Treaty on the Functioning of the European Union ("TFEU").
9All EU Member States except Spain and Croatia are participating in the enhanced cooperation in the area of the creation of Unitary Patent protection. It is open to Spain and Croatia to join in the future following the procedure laid down in Article 331(1) TFEU. Please note that the United Kingdom withdrew from the European Union on 31 January 2020 and is therefore no longer a participating Member State. A list of all the EU Member States is available on the website of the EU.
10The two EU regulations have been in force since 20 January 2013 and apply since the date of the entry into force of the UPCA, i.e. 1 June 2023.