Navigating the New EU Unitary Patent System and Unified Patent Court: Are You Ready?

Description

The Unitary Patent System and UPC are coming. Currently expected to open for business on June 1, 2023, this will be the most significant change for 50 years in European patent practice and will directly affect all existing and future European patents and applications.

Once the new system is in effect, applicants will still have the option to use the current "classical" European grant procedure (equivalent to a "bundle" of separate European national patents) but may also be able to make use of a new model, the Unitary Patent, to cover many EU countries in one patent right. 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 (the UPC) 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 consider several factors as they navigate the new system.

The UPC will allow coordination of strategy and procedures and provide broader enforcement across most of 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 effect across the same territories. Companies and their counsel must understand the benefits and risks of the Unitary Patent and the UPC. These considerations apply to all existing European patents and those obtained in the future, so 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.