Unified Patent Court (UPC)

Discover new possibilities for your European Patent Portfolio

At long last, the Unitary Patent (UP) and the Unified Patent Court (UPC) are starting. This new system aims to make it quicker, easier and less costly to manage patent protection and patent litigation in proceedings within the European Union (EU).

A Unitary Patent protection will be possible in 17 of the EU member states including the economically most important ones. In these states the UPC has sole competence for any disputes – unless the patent owner has requested an opt-out.

The combined territory of the participating EU member states covers most of the EU. The new system will apply to the vast majority of European patent validations and patent litigation cases. This means that the new Unitary Patent and UPC system will be attractive for owners of European patents and will provide new strategic opportunities.

For European Patent portfolio holders there might be several points for
the “to do” list:

  • Develop a strategy for your existing European Patents – which should be Opted-Out?
  • Develop a strategy for your pending European Patent applications – which should be “traditionally validated”, EP or Unitary Patent?
  • Develop a strategy to cope with your competitor’s European Patents – which European Patents limit your activities?

Find the best solution for your needs

Our experts at Meissner Bolte have been deeply involved in the process to develop the new system. Some of us, especially Dr. Eugen Popp in his former role as the President of the German Patent Attorneys Bar Association, were already involved when the first drafts of a Unified Patent Court Agreement were developed in the European Commission. We therefore look forward to being able to help our clients in all matters related to Unitary Patents and the UPC. Difficult and far-reaching decisions must be made in the very near future. We have established a task force of attorneys with particular expertise in UP/UPC matters in order to streamline any questions you may have. Please contact:

Further details and implications

Unitary Patent in a nut shell

Unified Patent Court

Opt-out

Check-out the proprietary situation of each European Patent or Patent application and let your registered representative know.

The early bird catches the worm – secure your Unitary Patent at the earliest possible date

Early request for unitary effect

Double protection by German and European patents

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  • BREAKING NEWS! – CJEU emphasizes need for effective injunctive relief for patents. Read more about the background and the decision.

 

 

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Comparison of Annuity Fees

The reduced administrative effort when paying annuities for a single Unitary Patent is only one of the numerous advantages of the new Unitary Patent system. However, as not every member state of the EPC falls under the Unitary Patent system, we recommend evaluating both the financial and administrative benefits of obtaining a Unitary Patent carefully. With Meissner Bolte‘s “Annuity Fee Comparator” you can easily compare the annuity fees of the new Unitary Patent (and additional national patents as desired) with pursuing instead the bundle of national parts of a granted European patent.

Patent granted in year

Select the countries

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