The Unitary Patent and Unified Patent Court

The planned introduction of the Unitary Patent and Unified Patent Court (UPC) will represent the most significant change to patent law in Europe since the signing of the European Patent Convention in 1973, and possibly the most significant change to patent enforcement in Europe ever.

To help you better understand the changes ahead, we have developed answers to frequently asked questions:

1. What are the Unitary Patent and Unified Patent Court in Europe?
    
2. What countries will the Unitary Patent and Unified Patent Court cover?
    
3. How do the Unitary Patent and Unified Patent Court differ from what we have already got?
    
4. Why do we need the Unitary Patent and Unified Patent Court?
    
5. When can we expect the Unitary Patent and Unified Patent Court to come into force?
    
6. Can existing European patent applications become Unitary Patents?
    
7. Will you still have a choice of what type of patent to have in Europe?
    
8. What will the Unitary Patent cost?
    
9. How will obtaining a Unitary Patent work?
    
10. What is the structure of the UPC?
     
11. How do I choose the UPC division that fits my needs?
     
12. What happens in the UPC in the event of a counterclaim for revocation?
     
13. What if I want to bring an action for revocation first in the UPC?
     
14. Where do I go if I want to obtain an declaration of non-infringement?
     
15. How are the proceedings in the UPC structured?
     
16. Who can represent clients before the UPC?
     
17. What is the relationship between the UPC and the Court of Justice of the European Union (CJEU)?
     
18. What will enforcement actions in the UPC cost?
     
19. Which languages will be used in Unitary Patent litigation?
     
20. How does the system ensure that local defendants can understand the patent in issue?
     
21. Are there any transitional provisions?
     
22. What are the possible benefits of the Unitary Patent and the Unified Patent Court?
     
23. What are the possible disadvantages of the Unitary Patent and the Unified Patent Court?
     
24. What are the issues for patentees?
     
25. What are the issues for potential “defendants” or potential alleged infringers?
     
26. What will happen to the Unified Patent Court when the UK leaves the EU?
     
27. What do I need to do in preparation for the Unitary Patent and the Unified Patent Court?
     
28. Can a Unitary Patent (UP) be assigned only for individual member states?
     
29. Must a licence of the Unitary Patent cover all covered member states?
     
30. Are there any general points I need to consider for licensing of European patents/patent applications or Unitary Patents?
     
31. What should I consider when agreeing a licence covering a European patent or a Unitary Patent?
     
32. I am party to a licence covering a European patent or a Unitary Patent. What do I have to consider?
     
33. I am a joint owner of IP resulting from a collaboration agreements. Are there any considerations I need to keep in mind?
     
34. Does it matter which one of the co-owners of a patent application/patent is named first on the application?

Keep visiting this hub for updates on progress towards introduction of the new system and advice on preparatory steps to be taken in advance.

Latest articles

Opting out of the UPC POSTED 20 June 2017
UPC update POSTED 14 June 2017
Delaying European patent grant to enable applicants to obtain a unitary patent POSTED 27 March 2017
What does the UK Government’s Brexit white paper tell us about the future of IP in the UK? POSTED 2 February 2017
UK Government confirms ratification of the Unified Patent Court Agreement POSTED 29 November 2016
Legal Opinion on the UK’s participation in the UPC after Brexit POSTED 30 September 2016
Brexit: what now for the Unified Patent Court? POSTED 17 August 2016
Action required before the UPC goes live POSTED 1 June 2016

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The Unitary Patent and Unified Patent Court in Europe

 

POSTED 24 March 2017

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