Tag Archives: Unitary Patent

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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Entry into force of the Protocol on provisional application of the UPC agreement (PAP)

The European Council has just indicated on its website (https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2015056) that the Protocol to the Agreement on a Unified Patent Court on provisional application (also called PAP) has entered into force yesterday, January 19, 2022.

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The current state of play towards the set up of the Unified Patent Court

The Unified Patent Court Agreement will enter into a provisional preparatory stage once 13 signatory states of the Agreement including Germany, France and the United Kingdom and having ratified said Agreement have ratified or expressed their consent to be bound by the Protocol on Provisional Application (A.3(1) of the Protocol).

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The German Federal Government officially ratified the UPC Act of Approval on August 13th.

The publication of the law in the Federal Law Gazette finally puts an end to the legal complications that have been blocking the german ratification process and, consequently, the establishment of the Unified Patent Court (UPC).

But this does not mean that the UPC can finally start to operate.

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