Germany go-ahead for EU's unitary patent system
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(BRUSSELS) - Germany's deposition of instrument on the ratification of the Unified Patent Court Agreement Monday triggered the final step required for the Unitary Patent system to start operating on 1 June 2023.
The unitary patent system, designed to make both obtaining patents and patent enforcement easier, more transparent and more affordable, will provide businesses with a one-stop-shop for obtaining patent protection and enforcing it in Europe.
Unitary Patents will make it possible to get patent protection in up to 25 EU Member States by submitting a single request to the European Patent Office (EPO). They will build on European patents granted by the EPO under the rules of the European Patent Convention (EPC), so nothing will change in the pre-grant phase and the same high standards of quality search and examination will apply. After a European patent is granted, the patent proprietor will be able to request unitary effect, thereby getting a Unitary Patent which provides uniform patent protection in up to 25 EU Member States.
The new Unified Patent Court, included in the new system, will offer the possibility of enforcing patents - not only the new unitary patents but also the non-unitary European patents - in the participating Member States in a centralised manner, increasing legal certainty and improving businesses' overall competitiveness.
The new unitary patent system is an important milestone for European companies to protect their intellectual property in the face of fierce global competition. It is also expected to help boost research and innovation in the EU, which is essential to support Europe's green and digital transitions and to strengthen our resilience.
A number of transitional measures have already been launched by the European Patent Office and the Unified Patent Court to help users make the most of the new system.