What is the European Unitary Patent?
The new European Unitary Patent (UP) system is now coming into effect on April 1, 2023 for 17 EU member states. Included are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Sweden. Other EU countries are expected to join at a later date.
Benefits of the Unitary Patent System
In our previous article, we highlighted some benefits of the new UP system. There will be a Unitary Patent Court (UPC), which will have jurisdiction over the infringement and validity of UP patents and over all signing member states. The UPC will also have jurisdiction over existing European Patents, but the holders of such patents will have the option to “opt out” of the UPC.
Should owners of existing European Patent opt in or opt out of the UPC?
We think that the UPC jurisdiction will be highly advantageous. First of all, it will be cheaper to litigate in, and it will prevent forum shopping among member states. A UPC decision will be valid and enforceable in all signing member states. This will prevent diverging decisions and lack of legal certainty. One foreseeable and important disadvantage, however, is that a patent deemed invalid by a UPC decision will also be automatically invalidated in all signing member states.
Cost and Coverage Advantages of the UP System
In any case, the UP system will undoubtedly be worth it for those seeking protection in numerous member states. The cost of filing through the UP system is scheduled to be about the same as filing in five individual states.
Read more at Unitary Patent Guide – FAQ
Related articles on the European Unitary Patent: The European Unitary Patent- Coming Soon
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.