A new system for protecting and enforcing patents in Europe has started from June 1, 2023. This new system includes the Unitary Patent (UP) and the Unified Patent Court (UPC).
UP, a European patent with unitary effect, provides protection in participating EU countries by submitting a single request to the EPO. The UPC is a one-stop shop for enforcing patents (both Unitary Patents and European Patents) instead of enforcing by means of several parallel proceedings in the participating EU countries.
This new system has introduced unprecedented changes to the way patents are protected and litigated in Europe.
In the following, we summarize for you some key information on the UPC and UP system, and along the way, address how these may have implications in your patent filing and litigation strategies.
A new European patent system – namely, a European patent with unitary effect (Unitary Patent) and a single patent enforcement system (Unified Patent Court) with divisions located throughout Europe –...
Jurisdictions of the UPC: The UPC has exclusive jurisdiction over all Unitary Patents. However, for all national validations of European patents which have not opted out of the UPC, the UPC shares…
All Unitary Patents (UP) issued by the EPO is subject to the jurisdiction of the Unified Patent Court (UPC). Enforcement of the UP is thereby possible in all UPC member states by means of a single...
The application process for UPs is exactly the same as for classical EP patents. At the time of grant of the EP patent, the applicant may request unitary protection in regard to UPC countries...
The original intention was that the UP shall cover ALL of the 27 EU Member Countries. This may still be the case in the future. However, as of today, the 18 countries participating in the UPC system...
The following costs apply for a Unitary Patent: 1. Filing to Grant fees: As there is no change with the grant procedure at the EPO, there is also no change in the official fees…
The Unitary Patent (UP) and Unified Patent Court (UPC) system have come into effect after decades of debate. The original main goals of saving costs – mainly translation costs – when compared to...
A Unitary Patent is a single patent right whose scope extends to the EPC countries which are both part of the EU and have signed and ratified the UPC Agreement. Currently, 17 EU countries have...