The Unitary Patent and Unified Patent Court

A significant change in the European patent system is coming in 2023, as the new Unitary Patent (UP) and the Unified Patent Court (UPC) come into being.

The basic idea is that instead of having to rely on a bundle of separate national patent rights within the European Union (EU), a single patent can be granted – just like the way the USA grants its patents on a federal basis for all states – and that a single court can settle disputes relating to these patents.

For businesses with commercial interests in a wide range of European countries the new system can make it cheaper to obtain patent protection as it avoids translation costs that exist with the “classic” system, and the UPC will streamline litigation by providing a common forum for disputes across several countries.

However, there are some limitations to the new system.  Instead of covering all 27 countries of the EU, the system will cover just 17 countries at launch, though more will join later.

The new system will also co-exist with the classic system for some time, so each business will have to weigh up carefully how to approach the new system.

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Navigating through the Options

The new system brings advantages but also increases complexity to the patent system in Europe, particularly as the new system settles in.  We have insights that will help you understand how the new system works and to help you reach the right decisions to take advantage of the newly changed patent system in Europe.

Scintilla is a European Patent Attorney firm and is here for you to obtain Unitary Patents, to advse on your strategy for portfolio management and IP strategy across Europe. We can also represent clients at the UPC, including filing opt-outs of classic European Patents from the jurisdiction of the UPC.

Contact us to discuss your Unitary Patent and UPC strategy >