Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court (“UPC”) are scheduled to launch on April 1, 20231. Once in effect, a Unitary Patent will be enforceable in all Member States2, and the UPC will have jurisdiction over all disputes related to a Unitary Patent. Likewise, any remedy awarded by the UPC (including injunctions and/or revocations), will be effective in all Member States.
Advantages and Disadvantages of Unitary Patents and the UPC
On the surface, embracing the Unitary Patent may seem like an easy decision. The system provides a single patent that is enforceable in all Member States and that is also renewable in all Member States with a single, yearly payment. Patent litigation in the UPC is also simplified so that a single infringement (or revocation) action may be filed instead of requiring separate actions to be filed in every country where the European patent was validated. The result of the single UPC action likewise can be enforced in all Member States. Read more