In a sweeping change to the patent system of Europe, legislation regarding the Unified patent court (UPC) and the unitary patent enters into force following ratification by Germany on 17/2 – 2023. This is the most profound change to patent law in Europe in a very long time. This will have major implications for patent enforcement in many European countries. In particular claims regarding patent infringement in several countries may be brought in one single court action before the UPC. The “unitary patent” is a single patent right that is valid in several European Countries. The UPC will have jurisdiction not only over unitary patents but also over granted “classic” European Patents. However, there is possibly to opt out “classic” European Patents from the jurisdiction of the UPC. The Noréns patent team is ready to assist you in matters regarding the UPC and the unitary patent.
This new legislation enables new strategies for patentees but also increases the complexity of the patent system in Europe, while it is also a giant step towards a harmonized patent legislation in Europe.