A New Era for Patents in Europe: Unitary Patent System Takes Off

On June 1st, an historic day for patent protection in Europe will commence as the highly anticipated Unitary Patent system becomes operational. This launch signifies the most significant development in the European patent landscape since the signing of the European Patent Convention 50 years ago.

The Unitary Patent system brings about several substantial improvements for users worldwide, including cost reductions, streamlined procedures, increased transparency, and enhanced legal certainty.

Starting from June 1st, users will be able to apply for a single patent through a unified procedure, subject to a single renewal fee in a common currency, and engage in litigation under a single legal system before the Unified Patent Court (UPC). The establishment of the UPC, which also commences operations on June 1st, transforms the concept of a centralized enforcement system for patents into a reality, enabling users to file cases at the European level.

Thus far, seventeen states - Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden - have joined the Unitary Patent system, with eight additional EU member states expected to participate in the future. These economies collectively generate an estimated GDP of over EUR 12 trillion, which accounts for nearly 80% of the entire EU's GDP, and encompass a population of nearly 300 million people.

Feel free to reach out for any UPC-related queries. Our team is here to answer any questions you may have regarding substantive UPC issues, as well as provide assistance on practical matters such as opt-out requests and the Unitary Patent.