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Unitary patent & Unified Patent Courts : providing you with insight into the strategic components of this new system

The patent system in Europe has undergone significant changes with the entry into force, on June 1, 2023, of the agreements creating the Unified Patent Court (UPC) and the European Unitary Patent (UP) system.

#JUB #Brevet Unitaire #Unitary Patent #UPC
Our approach

Assisting you in anticipating and preparing for the impact of unitary patent and the Unified Patent Court on your intangible assets

Whereas the current European patent granted by the European Patent Office (EPO) splits up after grant into a bundle of national titles subject to different regimes of national laws and procedures, the European unitary patent now has identical effects throughout the territories of the EU Member States involved in these agreements.

In addition, the UPC is a new international jurisdiction competent to deal with disputes concerning all European patents, with or without unitary effect, in particular regarding invalidity and infringement. After a transitional period of 7 years, it will be exclusively competent for these disputes instead of the national courts before which the disputes of each national validation part of the European patent were brought. During the transitional period, the owner of a European patent without unitary effect can choose to opt out from the jurisdiction of the UPC.

To mark the entry into force of the UPC and to provide you with the best possible support in tackling the many challenges it brings, Gide and Regimbeau have established one of Europe’s most important patent litigation partnerships between specialist lawyers and patent attorneys. > Find out more

Our interventions

Defining your strategy and adapting to new regulations

Regimbeau’s European Patent Attorneys are all qualified to represent you directly before the Unified Patent Court (UPC). They will closely follow the caselaw and inform you about it. Furthermore, they are familiar with the UPC Rules of Procedure and will be able to advise you on each detail of this new judicial system.

Regimbeau has published a book devoted to what forms one of the major projects of these last decades in the patent field in Europe: the unitary patent and the Unified Patent Court (UPC). In the context of the entry into force of this new system on 1 June 2023, Regimbeau’s Patent Attorneys have examined the various legal rules that will govern the future unitary patent and the Unified Patent Court.

Sim’UP is a tool, accessible to all, for simulating scenarios and helping you make decisions regarding the validation of your European patents. This entirely free online tool – developed by Regimbeau – allows you to make your own budget simulations and compare the post-grant costs of your European patents, with or without unitary effect.

 

The proposed estimates include official fees and professional fees for the validation stage (including translation fees where applicable) and the annuities. ​

Regimbeau’s Strategic Intelligence department can help you to:

– Monitor your competitors: How will your competitors use the sunrise period? How will they then orient their portfolio? Thanks to an active watch, detect their strategy.

– Monitor patents by technical field: Will we see different ways of using this new system emerge, depending on the technical field?

– Monitor specific patents: You have detected one or more titles that interest you in particular. Watch for an opt-out filing during the sunrise period or during the transition period.

– Monitor your patent portfolio: Ensure that third parties are not filing an opt-out on your patents and react quickly if you identify an opt-out filed without your consent.

Dedicated team

Our experts support you wherever you are

See the whole team

Sylvain Thivillier

Partner
Head of the Munich office

Stéphanie Massin Célaire

Partner

Frédérique Durieux

Partner
Head of the Grenoble Office

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Releases - 23 Jan 2024

A team of almost 40 UPC Representatives covering all technical fields

All European patent attorneys of Regimbeau are now registered to act before the Unified Patent Court, forming a team of almost 40 UPC Representatives covering all technical fields. Regimbeau’s patent…
Releases - 19 Jul 2023

Unitary Patent and the Unified Patent Court: Regimbeau announces the second edition of its book dedicated to the landmark European initiative

Paris, 19 July 2023 – Regimbeau, a French and European intellectual property firm, announces the release of the second edition of its book providing economic stakeholders with an insight into…

By Anne Boutaric Franck Delamer Anne-Laure Deleuze, Ph.D Yves de Saint-Pern Frédérique Durieux Stéphanie Massin Célaire Eric Roussel Anne Seibel Julie Toueg, Ph.D and Aurélia Vavasseur, Ph.D
Webinars - 30 May 2023

Webinar – The Unitary Patent and Unified Patent Court – June 05, 2023

Frédérique Durieux, partner at Regimbeau, will participate in a conference organized by the Comité d’Echanges Franco-Japonais and MANDEL ASSOCIES which will highlight the Unitary Patent and the Unified Patent Court…

By Frédérique Durieux

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More insights
Publications — 11 Jun 2024

Romania to join unitary patent and UPC on September 1, 2024

To enable applicants to benefit from this extension of territorial scope as of now, the EPO accepts, on request, to delay the registration of unitary effect to a later date…

By Frédérique Durieux
#Unitary Patent
Publications — 16 Jan 2024

First order for preserving evidence from Paris local division of the UPC

By Frédérique Durieux
Publications — 26 May 2023

Some opt-out statistics a few days before the UPC enters into force

By Sylvain Thivillier and Matthieu Vergniaud
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