In 2023, a new court system and a new patent will begin.
The new Unified Patent Court will handle infringement or revocation for all participating EU member states at once. The Unified Patent Court will work alongside the existing national courts, which currently handle infringement and revocation only for their respective state.
The new Unitary Patent is an EP patent with unitary effect in all participating EU member states. This means infringement and revocation will be handled for all participating member states together at the Unified Patent Court.
The filing and examination of an EP patent application will remain the same. To obtain a Unitary Patent, a request for unitary effect must be filed within one month of the mention of the grant of the EP patent. There will then be a combined protection of a Unitary Patent in some states and the conventional national parts of the EP patent in the other states.
This means that for the states marked below in blue, only an EP patent will be available, while for the currently participating EU member states, marked in green, there will be a choice between a Unitary Patent or an EP patent.
The applicant must decide whether to have an EP application automatically granted as an EP Patent or whether a request for unitary effect to obtain a Unitary Patent in the available states (green).
The Unified Patent Court will handle infringement or revocation for all participating EU member states at once. The Unified Patent Court will work alongside the present national courts, which currently handle infringement and revocation only for their respective state.
The applicant will have to make a decision regarding whether the Unified Patent Court will be automatically competent for all their pending EP patent applications or whether an Opt out request will be filed, so that the national courts remain competent for infringement and revocation in each state.
This decision can again be based on the different factors:
Maiwald UPC videos is a comprehensive series of videos dedicated to the Unitary Patent and the Unified Patent Court, providing you with insights on how to prepare for the new patent and the new court system. We will also provide you with strategies and roadmaps when being faced with the decisions whether a Unitary Patent or a classic EP patent may be the best option and whether the Unified Patent Court or an opt out to the national courts may be the best option.
In this video Dr-Ing. Sophie Ertl (Partner at Maiwald) gives you an overview on the new system and some guidelines on how to decide between the different options.
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In this video Dr Tobias Philipp (Patent Attorney at Maiwald) discusses translation requirements, the early request for unitary effect and the request for delay in issuing the decision to grant a Eu...
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In this video Heike Röder-Hitschke (Counsel at Maiwald) will make you more familiar with the unitary patent court, its organizational structure, jurisdiction and procedures, summarizing the basic ...
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The decision can be based on how the patents would be effected: For the Unitary Patent, infringement or revocation will be decided for all states at once at the Unified Patent Court. For example, a positive infringement decision with a unitary effect in all states can be a great win for the applicant, while a revocation decision with a unitary effect in all states would be a great loss for the applicant, the patent would be lost in all states at once. The applicant might choose the Unitary Patent only for very strong patents.
The decision between EP patent and Unitary Patent can also be based on the different annuity costs.
The time has come to prepare your EP patent portfolio for the Unitary Patent and the Unified Patent Court!