Wednesday, May 24 2023   \  Published by Veneer Shipley .

Understanding the Unified Patent Court

Understanding the Unified Patent Court

The UPC complements the Unitary Patent (UP) system and shares its aims of improving and simplifying patent protection in the European Union.

Crucially, the UPC will be the forum for both UPs and classical European patents (and supplementary protection certificates based on them) in the participating states.

What will the UPC provide?

The UPC will provide parties with decisions, and remedies, that apply across all the participating member states.

When it comes to European patents in the participating countries, however, during the transitional period actions can still be brought before national courts. European patents (but not UPs) can also be opted-out of the UPC during the transitional period.

The benefits

The benefits promised by the UPC include simpler, cheaper resolution of patent disputes in Europe, without duplication of proceedings or the risk of conflicting judgments. The Court will have dedicated judges who will have (or develop) expertise in patent law. There are also some specific benefits in terms of reduced fees for small and medium-sized enterprises. Read more

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