Tuesday, May 23 2023   \  Published by Veneer Shipley .

The Unitary Patent and Unified Patent Court: A Brief Introduction

The Unitary Patent and Unified Patent Court: A Brief Introduction

1 June 2023 marks the formal start of a new era for patents in Europe, with the introduction of the separate, but related, UP and UPC systems. These are designed to further harmonise the patent landscape in those countries participating. Both systems represent post-grant options which supplement the existing procedures of the European Patent Office, rather than replacing them.

The Unitary Patent (UP)

The UP will be an option after-grant for patent owners to obtain a single “unitary” right across 17 participating countries in place of the traditional national validations. The initial group of 17 participating countries compares with the 38 countries in total that are members of the European Patent Convention. A map of participating countries is presented here, but notable countries which will be part of the system at the outset will include Germany, France, Italy, and the Netherlands, while notable absentees will include the United Kingdom, Spain, and Poland. The introduction of the UP does not affect procedure for countries that are not participating. Read more

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