What are the Unitary Patent and the Unified Patent Court

The majority of EU Member States have agreed to establish unitary patents (UPs), being single patents whose territorial scope will extend to all participating countries, and a Unified Patent Court (UPC), which will have exclusive jurisdiction over both UPs and, subject to a transitional “opt-out”, existing and future (non-unitary) European patents in force in the participating countries.

The new patent is provided by an EU regulation (the UP Regulation). It will be obtained via a single designation following the grant of a patent application under the existing European Patent Convention (EPC). The new court is established by an international agreement between the participating countries, signed on 19 February 2013 (the UPC Agreement).

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