Fundamental structure and experience with the new European unitary patent system

by Grünecker | 09. May 2025 | Know-How, News

In the current issue of pharmind (87, No. 4/2025; in German), Dr. Julia Traumann and Dr. Markus Grammel provide an in-depth analysis of the fundamental structure and early practical experience with the new European unitary patent system. Their article explores the legal framework introduced on 1 June 2023 – consisting of the Unitary Patent and the Unified Patent Court – and examines its relevance in particular for companies in the pharmaceutical and life sciences sectors.

In addition to outlining the legal foundations and procedural structure, the authors examine recent developments regarding preliminary injunctions, the coordination of parallel proceedings, and jurisdictional issues. A particular focus is placed on how the interaction between national and European systems may influence strategic decisions.

The article also covers current issues on supplementary protection certificates (SPCs) for medicinal products and presents initial statistical insights into the system’s uptake. The analysis demonstrates that the unitary patent system is already becoming a key element in the IP enforcement strategies of internationally operating companies.

Part two of the publication, which will focus on recent Unified Patent Court decisions in the pharmaceutical sector, is expected to be published in issue 6/2025.

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