What are the possible benefits of the Unitary Patent and the Unified Patent Court?

For applicants – Reduced validation fees and translation fees. A potential reduction in renewal fees.

For claimant patentees – Reduced cost of enforcement across many European countries.

For claimant patentees – Ability to commence infringement proceedings in a single division that is convenient and suitable for the case to obtain a single pan-European injunction (preliminary or final) across several countries. There are numerous practical, legal, language and tactical considerations which will drive this decision, including the likely treatment of related claims for revocation. The commercial consequences of a pan-European injunction will make UPs very powerful intellectual property rights to have.

For defendant parties – Possible reduction of cost of defending the same (allegedly infringing) product in a number of EU Member States simultaneously.

For claimants/defendants – Ability to seek revocation of a patent in a number of EU Member States simultaneously.

For SMEs – Possible reduced fees, certainly compared to multi-jurisdictional litigation in several EU countries at once, making patent enforcement a feasible option for SMEs who previously could not afford it. Access to injunctions in countries with court systems seen to date as not being sufficiently predictable and/or fiscally out of reach for SMEs.

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