Navigating the New EU Unitary Patent System and Unified Patent Court

Description

The Unitary Patent System and Unified Patent Court (UPC) is on the horizon. Expected to come into force in 2017, this will be the biggest change for 40 years in European patent practice and will directly affect all current and future European patents and applications.

Once the new system arrives, applicants will have a choice of the current “classical” European Patent (equivalent to a “bundle” of European national patents) or a new model, the EU Unitary Patent. With fewer fees, the Unitary Patent potentially offers a significant reduction in costs, depending on in which EU states you pursue protection and for how long.

Europe is also establishing a new centralized patent court system that offers a unified body of substantive and procedural laws intended to simplify patent litigation throughout much of the EU. However, the new forum is not without concerns. Companies operating or planning to do business in Europe will want to keep in mind several factors as they navigate the new system.

The UPC will allow coordination of strategy and procedures and provide broader enforcement across the EU in a single action. However, for many the potential significant reduction in costs could be offset by the substantial risk of a single central revocation action also with affect across the EU. Companies and their counsel must understand the benefits and risks of the Unitary Patent and the UPC. Now is the time to prepare.

Listen as our authoritative panel examines the nuts and bolts of the new Unitary Patent System and UPC. The panel will also discuss strategic considerations for U.S. applicants and patentees and will offer guidance on what needs to be done to prepare.