Ratification of the Unified Patent Court Protocol
We posted an update in November 2021. All 13 countries have now ratified the Protocol on Provisional Application of the Unified Patent Court Agreement. The European Union is now in the process of putting the court together. It may be ready within the year.
Introduction of the Unitary Patent and Unified Patent Court
The proposals call for a Unitary Patent covering participating member states. A Unified Patent Court will have jurisdiction over the litigation aspects. There is also a provision to opt out of this.
Cost Considerations for European Patent Protection
There may be a cost savings only in the event you’re seeking a patent in four or more countries. If you were only seeking patent protection in one country, it would be cheaper to prosecute in that country alone.
But this could be a great option for those seeking protection across Europe when the details are all worked out.
Transition to Unified Patent Court Litigation
It should also be noted that Unified Patent challenges will eventually be heard only in the Unified Patent Court. However, there will be a temporary hybrid situation allowing litigation through national courts.
Learn More from the European Patent Office
More information is available through the European Patent Offices page.
Venner-Shipley, one of our UK associates has provided an in-depth analysis found here.
Related articles on the European Unitary Patent: Unitary Patent in Europe