Get ready for the most important reform in the history of the European patent system! The Unitary Patent system is finally set to become a reality on June 1, 2023. With Germany's recent ratification of the Agreement on a Unified Patent Court (UPC), the conditions for the entry into force of the Agreement have been created. The UPC will begin operations on this date, with jurisdiction in uniform proceedings for all participating EU patent member states on the infringement and validity of patents.
The establishment of the UPC marks a historic moment for innovators and the protection of inventions in Europe. The new system will enable uniform patent protection across all participating EU member states through a single patent application filed with the EPO. Plus, it will provide a centralised platform for Europe-wide patent litigation before the Unified Patent Court.
With the Unitary Patent system, European businesses will benefit from broader and more effective patent protection at lower costs, particularly benefiting smaller entities. In fact, since the EPO introduced its transitory measures to encourage early adoption of the new system, more than 2,200 requests for unitary effect and/or for delay of grant have already been filed.
The UPC will use modern technology to manage its cases, with files kept fully electronically in a case management system and decisions issued in electronic form. First instance chambers will be established in participating member states, with the Court of Appeal having its seat in Luxembourg. Dr. Klaus Grabinski of Germany serves as President of the Court of Appeal, and Mrs. Florence Butin of France serves as President of the Court of First Instance.
According to Federal Minister of Justice Dr Marco Buschmann, the establishment of the UPC takes innovation protection in Europe to a new level. Innovative companies will be able to effectively protect their inventions in the common market across borders in a timely manner, which strengthens the future viability and innovative power in Europe.
The 25 EU member states participating in enhanced cooperation for the Unitary Patent package are estimated to have a combined GDP of more than 14 trillion euros, corresponding to 80% of the entire EU's GDP, and incorporate a population of nearly 400 million people - more than the US, Canada and Australia combined. This means that the Unitary Patent system will provide significant benefits to businesses across the continent.
In conclusion, the implementation of the Unitary Patent system and the establishment of the UPC will revolutionize the European patent system. Don't miss out on this historic moment for innovation and protection of inventions in Europe.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
