The Unitary Patent / the Unified Patent Court

Information on the new EU patent package: the Unitary Patent, and the Unified Patent Court.

The EU patent package establishing a Unitary Patent (UP) providing EU-wide patent coverage and a Unified Patent Court (UPC) to enforce such patents entered into force on 1 June 2023. Strategic decisions in relation to existing and future EP patents and applications may continue to be made now that the EU patent package has been implemented.

All applicants, including those based outside the EU, can make use of the Unitary Patent and Unified Patent Court systems to obtain and enforce patent protection in the participating EU countries. There are no changes to the process of obtaining a European patent via the European patent office (EPO). A UP will be obtained from the EPO after the grant of the European patent.

Although the UK is no longer part of the UP/UPC project, the UK continues to be a member of the European patent system through the EPO. The European patent attorneys at Appleyard Lees are able to represent all clients who use the UP/UPC system.

The new Unitary Patent (UP) and Unified Patent Court (UPC) introduce both challenges and opportunities. Effective use of the new systems requires an IP partner with relevant expertise and a service delivery approach tailored to your IP objectives.

As a dedicated specialist IP firm, we have experience of handling all aspects of European patent work, including contentious matters such as patent oppositions. We will work collaboratively with our clients to find the most appropriate route for European patent protection.

What now?

There are the following key strategic decisions which need to be made by all proprietors of European patents and European patent applications:

  • Should a request to opt-out existing granted European patents from the jurisdiction of the UPC be filed?
  • Should a request for a Unitary Patent be filed for newly granted European patents?

Please see our FAQs on the Unified Patent Court and FAQs on the Unitary Patent for more information or get in touch with one of the members our specialist team.

Get in touch

Appleyard Lees is dedicated to providing comprehensive intellectual property services in the U.K. and internationally. To discuss your IP challenges with a relevant professional, please submit the following brief details:

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