Perspectives

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

The patent system in Europe will undergo significant changes with the expected entry into force in June 2023 of the agreements creating the Unified Patent Court (UPC) and the European Unitary Patent (UP) system.

Our approach

Assisting you in anticipating and preparing for the impact of unitary patent 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 will have identical effects throughout the territories of the EU Member States involved in these agreements.

Our interventions

Defining your strategy and adapting to new regulations

Depending on the profile of the relevant markets, it may be possible to take action before the EPO to delay the date of a European patent grant, or to file a divisional application in good time, in order to seek 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.

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. Preferably, such a review should be done early enough 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 has published a book devoted to a major European projects: the unitary patent and the Unified Patent Court (UPC). In the context of the forthcoming entry into force, REGIMBEAU’s Industrial Property Counsels and European Patent Lawyers 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 following stages: validation (including translation fees where applicable), annuities: official and professional fees​ 

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