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Unified Patent Court and Unitary Patent: One year on – where are we now and what have we learned so far?

It was not all that long ago that a new, unique, unified patent and court system came into force in large parts of Europe: After more than 50 years of controversial discussions, the Unified Patent Court (UPC) opened its doors on June 1, 2023. Since then, it has also been possible to obtain a European patent with unitary effect (Unitary Patent).

A year ago, no one could say for sure whether this new system would be accepted at all, whether it would work, what a common, supranational court would mean for the players – patent proprietors, defendants, their representatives, but also judges. With some distance and despite many other hurdles still to be overcome, we can now say: “Well done, go ahead!

Our dedicated UPC representatives at Maiwald have actively participated in this first year of operation and have not only provided our clients with competent advice regarding the Unitary Patent in the context of patent prosecution or regarding the choice between the UPC and national courts, and jointly developed strategies, but have also successfully represented them in proceedings before the UPC with our customized teams of patent attorneys and attorneys-at-law.

The first anniversary is a good opportunity to review the last twelve months, take stock, celebrate successes, express criticism, address upcoming challenges and share experiences.

This is the start of a series of monthly publications by our UPC experts, which you will find here and which will accompany you through another promising year with the UPC and the Unitary Patent.  

-> To be read here soon: One year UPC in facts & figures.

Our blog contributions shall provide an overview with regard to legal topics, legislation and case law and are supposed to provide some general information rather than constituting any specific advice. Please do not hesitate to contact Maiwald and in particular the authors of the particular contributions if have any questions on the addressed topics or on other legal issues.

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