Helping You Navigate The Unitary Patent (UP) & Unified Patent Court (UPC)
What is a Unitary Patent (UP)?
The UP is an alternative way of validating a patent granted by the European Patent Office (EPO) to cover at least 16 European countries with one “unified” patent.
What is the Unified Patent Court (UPC)?
The UPC is a new court which will have jurisdiction for all infringement and validity actions for UPs and EPs in participating countries. The aim is to harmonise patent litigation across the participating states.
What are the advantages of the new UP and UPC system?
Key advantages are that costs will be lower than validating in every participating country, that a single annual renewal fee will cover all participating countries, and that a single infringement or validity action will cover all participating countries.
When does the new UP and UPC system come into force?
It is anticipated that the new UP and UPC system will come into force in June 2023.
How do I get a UP?
To pursue the UP route, the European Patent (EP) applicant must make a request for unitary effect and the required translation within one month of grant of the EP.
Can I opt out of the new UP and UPC system?
Yes, it will be possible to opt EPs out of the UPC system for at least 7 years after the UPC system comes into force. Applicants can also choose to continue validating EPs in individual countries rather than pursuing a UP.
Why Use Cameron IP As Your UP & UPC Expert?
- We are UK-based and have the advantage of English as a first language – most of the new local UPCs will use English.
- Our team are experienced in advising clients of all sizes and from all sectors on their UP and UPC needs.
- Our team regularly update their knowledge on the latest Unitary Patent developments, and will proactively advise you on how these affect you and your business.
Resources
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