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The European Union "Unitary Patent" and "Unified Patent Court" - 1st June 2023
The long-awaited Unitary Patent system is due to enter into force on 1 June 2023, and the implementation roadmap has been published by the UPC preparatory team. The system will increase options available for the geographical extent of patent coverage in Europe from European patent applications.
The Unitary Patent system consists of:
Unitary patent protection can be obtained only for a European patent granted on or after the date on which the Unitary Patent Regulation comes into force (i.e. 1 June 2023), but requests for unitary effect can be filed before this date.
An initial 85 judges who will sit in the UPC have been appointed. The 85 judges include the Presidium of 8 presiding judges who will lead both the Court of Appeal and Court of First Instance, with Klaus Grabinski appointed as president of the Court of Appeal and Florence Butin taking on the role of president of the Court of First Instance.
The judges include legally and technically qualified people from across many of the member states of the UPC, including appointees from Germany, France, Italy, the Netherlands, Belgium, Denmark, Sweden, Finland, Bulgaria, Austria, Portugal, Slovenia and Estonia.
Detailed explanation of the Unified Patent Court, opt-out procedures and obtaining a unitary patent may be found here.
Documents
01.11.2021
General - 135kb PDF Senior Leaders' Pledge
29.07.2021
General - 136kb PDF Senior Leaders' Pledge
29.07.2021
General - 136kb PDF Senior Leaders' Pledge
29.07.2021
General - 82kb PDF Senior Leaders' Pledge
Links
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30.08.2024
What’s the UPC and what’s changing?
The commencement of the new Unified Patent Court (UPC) and Unitary Patent System on 1st June 2023, was the culmination of decades of work to further harmonise and unify the patent law landscape in Europe. With the arrival of the new court, rights holders have been granted a new forum for litigation and patent enforcement which allows a single decision to have a binding effect in multiple national European states, while a single Unitary Patent (UP) can be maintained to preserve rights in all of the UPC signatory states.
From its inception in 2023, the Agreement on a Unified Patent Court (UPCA) has had effect in 17 European countries: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands and Sweden, a region home to more than 330 million people.
Full story01.06.2023
Today, 1st June 2023, marks the long-awaited commencement of the Unified Patents Court (UPC) in Europe. As of today, newly granting European patents can be validated in the form of the new “unitary patent” (UP), as well as in the classical manner for individual EPC member states. The UP will cover 17 EU member states which have ratified the Agreement on a Unified Patent Court (UPCA), namely: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden. In the future it is hoped that more states will ratify the UPCA so as to provide an even more extensive pan-European patent.
Full story18.05.2023
With the new Unified Patent Court (UPC) due to commence operations from 1st June 2023, and unitary patents to become available for the first time, the current sunrise period is approaching its end.
Full story16.03.2023
Resources and guidance relating to the Unitary Patent and Unified Patent Court
Full story
01.03.2023
The new UPC “sunrise period” officially commenced today, Wednesday 1st March 2023, marking the start of a three-month lead-in to the new Unified Patent Court (UPC) becoming operative and new unitary patents (UPs) being available for the first time.
Full story17.02.2023
Following the deposit of Germany’s ratification of the Agreement on a Unified Patent Court earlier today, 17th February 2023, all of the conditions required for the agreement to come into force have now been met. The Agreement will therefore enter into force on the 1st June 2023 (i.e. the 1st day of the fourth month after Germany has deposited its ratification).
Full story15.02.2023
The route to the Unified Patent Court (UPC) and the Unified Patent (UP) system has experienced numerous twists and turns over the years since its initial inception. However, we are now reaching the final stages of preparation. Despite being highly experienced individuals, part of the preparation for the UPC is the training of new individuals who are appointed to be UPC judges.
Full story07.12.2022
Following recent announcements regarding the highly anticipated commencement of the UPC Agreement, which is now planned to come into force on 1st June 2023 (the previous estimated date was 1st April 2023), the UPC has confirmed the appointment of an initial 85 judges who will sit in its court. This includes the election of its Presidium of 8 presiding judges who will lead both the Court of Appeal and Court of First Instance, with Klaus Grabinski appointed as president of the Court of Appeal and Florence Butin taking on the role of president of the Court of First Instance.
Full story24.10.2022
We are delighted to celebrate our ranking as a leading Intellectual Property firm in Chambers 2023 rankings. This year's ranking marks the eleventh consecutive year in which WP Thompson has been recognised as leading firm by Chambers.
Full story20.10.2022
Following recent announcements regarding the highly anticipated commencement of the UPC Agreement, which is now planned to come into force on the projected date of 1st April 2023, the UPC has confirmed the appointment of an initial 85 judges who will sit in its court. This includes the election of its Presidium of 8 presiding judges who will lead both the Court of Appeal and Court of First Instance, with Klaus Grabinski appointed as president of the Court of Appeal and Florence Butin taking on the role of president of the Court of First Instance.
Full storyServices
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