The long-awaited Unitary Patent is available from today, June 1, 2023! The associated central court, the Unified Patent Court (UPC), also opens its doors today.
We've been reporting regularly on the potential arrival of the Unitary Patent since 2012. Due to political and constitutional obstacles, its introduction was repeatedly postponed, but now it's finally here.
The Unitary Patent is a new type of European patent in addition to the existing European "bundle" of national patent rights. The Unitary Patent is a European patent with "unitary effect," meaning that once granted, the European patent is valid throughout a large part of the EU (currently 17 Member States). You can choose the "bundle," the Unitary Patent, or a combination of both.
Depending on your choice of country, the Unitary Patent can save costs compared to the existing "bundle" of national patent rights. As a patent holder, you can also take central action against infringers. However, the downside is that the Unitary Patent can also be revoked centrally if there is sufficient evidence that the patent was wrongfully granted.
We previously informed you of the consequences of the entry into force of the treaty relating to the Unitary Patent and the Central Court for existing European patents, which, as of today, also automatically fall under the jurisdiction of the Central Court, unless you have filed an opt-out. Filing an opt-out is still possible as long as no legal action is pending against your European patent. If you still wish to file an opt-out, please contact us as soon as possible. contact contact one of our advisors.
For considerations regarding these choices, we refer you to our comprehensive brochure on the Unitary Patent.
Do you have any questions? Please contact contact one of our advisors.