A New European Unitary Patent System
A new European Unitary Patent (UP) system is expected to come into effect in the second half of 2022. This will make it possible to get patent protection in up to 25 EU Member States with one single application.
How the Current European Patent Validation System Works
Under the current system, patents are granted by the European Patent Office (EPO). Those patents must then be validated, maintained, enforced or revoked in each member state individually. Requirements usually vary between countries, which makes the process complicated and costly.
Key Benefits of the Unitary Patent System
The UP seems to have several important benefits:
- A simplified prosecution, with no extra requirements (such as translations) and fees.
- One renewal system and all the administration post grant handled centrally through the EPO.
- A Unitary Patent Court (UPC) dealing with infringement and validity of UP patents and European patents, and having jurisdiction over all signing member states (see here for the list).
- Harmonization of substantive law, which should make patent prosecution in Europe much easier to navigate and hopefully prevent inconsistent decisions.
- A transitional period of seven years. You may opt out of the UPC jurisdiction for classic European patents, in favor of litigation before national courts.
Administrative Challenges Under the Current System
At Fish IP Law, we remember countless occasions in which the current system has caused delays, expenses and headaches. For example, recording the transfer of a granted patent. This simple step required recordation in each member state in which the registration was validated. Because of this, a simple recordation can involve communicating with several foreign associates, preparing and executing different forms and documents and spending a considerate amount of money.
Expectations for the European Unitary Patent
We have high expectations for the new simplified UP system.
Read more at Unitary Patent Guide – FAQ
Previous articles on the European Unitary Patent: European Unified Patents Update
Lucia Minnucci, LL.M
Lucia Minnucci is a Law Clerk at Fish IP™. Lucia received her first degree in law from the University of Bologna, in Bologna, Italy. After obtaining her law degree, Lucia received an LL.M degree from the University of Pennsylvania Carey Law School, with a concentration in Intellectual Property and Technology Law.