Unitary Patent Package

Europe is close to a drastic improvement of the patent system. To summarise: the old ‘bundles’ with patents in separate EU member states are being supplemented with one uniform patent which is valid in all participating EU member states.

Current status and key facts

The Unitary Patent Package will become effective after 13 EU member states, including the three big ones; France, the UK and Germany, have ratified the Unified Patent Court Agreement. As of now, eleven states have already ratified and several more are on the way of doing do. Currently we are waiting for Germany and the UK to ratify the Agreement. The Brexit causes delay and uncertainty about the ratification process by the UK. Three months after both countries have ratified it, the Agreement will take effect. Then, it will be possible to obtain unitary patents and bring litigation cases before the Unified Patent Court. An overview of the key facts of the Unitary Patent Package is given here.

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What about your patent strategy?

The unitary patent and the Unified Patent Court will offer great potential, but as always caution and care are key. Owners of European patents, not being unitary patents, will have the option of registering an opt-out, to remove this European patent from the jurisdiction of the UPC for the whole life of that patent. The specialists of NLO will help you optimise new applications and your existing portfolio.

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The Unitary Patent in practice

The unitary European patent system will provide a patent with unitary effect across all participating states. The system will supplement the current European patent system and will be managed by the European Patent Office.

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The Unified Patent Court (UPC) in practice

Judgments of the UPC will be directly enforceable throughout all participating states. The UPC is being set up as a new organisation that will have local divisions throughout the participating member states.

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Intellectual Property: Cases

Intellectual Property is a valuable asset. From start-up to market leader, applying a smart strategy for patents, trademarks and/or designs adds value to every company. Examples of such successful IP strategies can be found at our page ‘Cases’. Read more