Will you still have a choice of what type of patent to have in Europe?

Yes. Patentees can still apply directly for national patents at the relevant national patent offices and alternatively/additionally for European patents at the EPO. The latter can be validated as a non-unitary bundle of European national rights (as is the case now) or as a UP plus national validations in non-UP states. These rights can co-exist, subject to double-patenting rules that may apply in particular countries.

Whereas it will be possible to enforce UPs and non-unitary EPs (insofar as they cover UPC countries) in the new UPC, national patents will always only be enforceable in the national courts.

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