UPC and Unitary Patent: new opportunities for your IP rights in the EU
A European court that handles patents independently, that guarantees a higher degree of legal certainty due to it being a central authority, and that ensures that proceedings are conducted in a more efficient and cost-effective manner: that is the aim of the Unified Patent Court (UPC). The UPC will be represented at four important locations in Germany (Düsseldorf, Munich, Hamburg, and Mannheim).
Along with the Court itself, a “European patent with unitary effect” (also referred to herein as a “unitary patent”) will be introduced. This will make it possible to obtain uniform patent protection in up to 24 EU member states after a European patent has been granted.
The Agreement on a Unified Patent Court (UPCA) has been formally called into question a number of times in recent years, stalling the launch of the UPC and the unitary patent. But all signs are now pointing to “go” and the UPC is expected to commence its work by the beginning of 2023 at the latest.
What’s in store for you as an internationally active company, a patent holder, or a patent applicant? What arguments are there for or against applying for a unitary patent? And what costs might you expect? We will give you all the information you need here. Everything you need to know to stay innovative in Europe and to get the most out of your IP rights!
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German constitutional complaints against the European Patent Office are unsuccessful
Constitutional Court confirms the required legal protection
UPC ready to launch
Cohausz & Florack offers comprehensive information and support for the transition
EPO announces start date of transitional measures for obtaining Unitary Patents
As of January 1, 2023, the EPO will provide two transitional measures in order to obtain unitary effect for European patents.
Opting out: your decision for or against the UPC
If the UPC system does not align with your current IP strategy, you can also choose to opt out of it. This means that if you opt out of the UPC, your European patents (i.e. those already granted by the EPO) will remain in the existing system for a transitional period of at least seven years and the national courts will retain their jurisdiction in matters concerning these opted-out patents. Find out more about the pros and cons of opting out here!
