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

For the European patent applications ready to be granted, it is possible to take action before the EPO to delay the date of grant,  to a grant date later than the date of entry into force of this new system and thus be able to request the unitary effect of the European patent. It is also possible to request the unitary effect in advance.

Given the possible jurisdiction of the Unified Patent Court not only for patents with unitary effect, but also for all European patents (a jurisdiction which will become exclusive at the end of a 7-year transitional period), a strategy of national filings may be considered in order to avoid the risk of subjecting titles to the decision of a single court.

We also recommend that you review your patent portfolio to decide as soon as possible which European patents and which European patent applications should be exempted from the exclusive jurisdiction of the Unified Patent Court. This possibility to opt-out is possible since 1 March 2023, and such a review should thus be done as soon as possible so as to be able to file opt-out applications before the entry into force of the Unified Patent Court.

If you need further information, or if you have any questions regarding your protection strategies in Europe, REGIMBEAU’s contact persons are at your disposal!

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.