Category : UPC Competence and Opt-Out

Creation of a European patent with unitary effect and a unified patent jurisdiction

Damien Colombié, Industrial Property Attorney, and Camille Pecnard, Attorney at Law at LAVOIX, come back on the impact of the European Patent with Unitary Effect and the Unified Patent Jurisdiction, in page 5 and 6 of the weekly La Semaine Juridique.

To read the full article of La Semaine Juridique, click here.

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Which Nationality for a patent with unitary effect?

The patents’ nationality in case of joint ownership is determined by Article 7 of Regulation 1257/2012 which states:

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UPC and opt-out : definition, advantages and drawbacks

The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions.

The Unified Patent package creates a unitary effect for European patents encompassing the states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, an EP patent with unitary effect will have the same effects in all the states that ratified the UPCA and where said patent has been validated.

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How to select the European Patent with the unitary effect (Unitary Patent)

Unitary Patent a unique protection for 17 states in Europe

With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon.

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Opt-Out

The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions.

The Unified Patent package creates a unitary effect for European patents all over the  states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, the same EP patent will have the same effects in all the states that ratified the UPCA and where said patent has been validated.

It also creates a single court (the Unified Patent Court – UPC) having jurisdiction for such European patents with unitary effect.

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