Unitary patent

It may be called the European Patent Office (EPO), but the EPO’s 2028 Strategic Plan outlines its international ambitions, as Martin Chaumont explains.

Since the launch of the UPC system on 1 June 2023, holders of European patents and European patents with unitary effect (‘unitary patents’) have been able to bring actions against third parties in a single legal procedure. 

Since 1 June 2023, the Unified Patent Court (UPC) has replaced national courts as the court of jurisdiction for infringement and invalidity actions relating to unitary patents and European patents that have not been opted out from the new court system.

After much dispute, discussion and delay, the Unified Patent Court launch officially took place this morning at 9 am CET (1 June 2023). Organisations can now benefit from a new unitary patent (UP) right and access the new Europe-wide patent court system (UPC).

On 17 February, Germany ratified the Unified Patent Court Agreement. This means that the Unitary Patent and Unified Patent Court system will enter into force as planned on 1 June 2023, with the Sunrise period beginning on 1 March 2023.

With the Unitary Patent and Unified Patent Court system on the horizon, the first question for European patent rights holders is whether to opt-out from the jurisdiction of the UPC before the system comes into force.

With the imminent entry into force of the Unified Patent Court Agreement, the countdown has begun to opt-out of the jurisdiction of the new European court. Marie-Noëlle de la Fouchardière explains what can be opted out, by whom and how to simplify the management of opt-out declarations.

In a recent webinar on best practices for European patents, Novagraaf’s Dr Kate McNamara joined experts from Questel to discuss the new European patenting landscape. Here, we summarise some of the key points discussed.