The unitary patent is a relatively new phenomenon in our field. It has been discussed a lot, even as early as 1973, when the European Patent Convention (EPC) came into force. But due to different political views among member states, it only came into force on 1 June 2023.
The unitary patent strategy. is a relatively new phenomenon in our field. It has been discussed extensively, even as early as 1973, when the European Patent Convention (EPC) came into force. However, due to differing political views among the member states, it did not come into effect until June 1, 2023.
The unitary patent is also known as the European patent referred to as unitary effect, but that is a very long title. That is why it is usually referred to as a unitary patent (abbreviation UP). It is intended to make patent protection in multiple EU countries easier and cheaper. Under the ‘old’ system, patent holders had to apply for and maintain separate patents for each country where they wanted protection after the patent was granted.
A unitary patent is based on an already granted European patent. Once granted, the patent holder can now also choose to give it unitary effect. This means that the patent is no longer valid only in the chosen individual countries, but offers one uniform protection in all participating EU member states. Currently, 18 EU countries are participating, including Germany, France, Italy and the Netherlands.
There are a number of advantages of a unitary patent. For instance, patent holders no longer have to arrange national validations (making it valid by, among other things, translations of the claims) in several countries, as well as pay national fees. This makes UP a lot cheaper. It is also easier to launch infringement proceedings, as there is only one court, the Unified Patent Court (UPC). It has sole jurisdiction to decide disputes relating to unitary patents. This is in contrast to possible multi-country proceedings.
There are also some disadvantages. The system is relatively new, so companies will have to get used to the changes. Where necessary, you will have to adjust your patent strategy. You will need to adjust your strategy and redefine your position. Furthermore, a unitary patent does not offer protection in non-participating countries, which means that separate applications are still required in those countries.
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