What Are Unitary Patents and How Does the Unified Patent Court (UPC) Work?
The focus on excluding preexisting European patents from the jurisdiction of the Unified Patent Court (UPC) is growing in light of the UPC’s upcoming launch and the availability of Unitary Patents. Unitary Patents have many benefits for European innovators and businesses, but it’s important to go beyond the obvious ones.
Reduced expenses for validation and renewal
Starting on June 1, 2023, patents issued by the European Patent Office (EPO) will be eligible for conversion to Unitary Patents. A Unitary Patent is a single patent that protects inventions in at least 17 of the EU’s member states (and eventually all 27). In comparison to the standard European patent bundle, this option greatly minimizes validation expenses by requiring only a single translation and renewal fee.
Businesses can save a lot of money on validation and renewal fees by switching to Unitary Patents. A Unitary Patent, which covers 17 nations, is more cost-effective than 17 individual patents in four European countries because of its lower renewal fees.
Simplified Portfolio Administration
Unitary Patents save on expenses while also making portfolio management easier. One simple renewal cost will simplify accounting for renewals for businesses. In addition, when dealing with a single Unitary Patent, it is easier to prepare and negotiate license arrangements. As opposed to many national offices, the EPO’s assignment recording process is less complicated and more cost-effective.
The UPC Offers Enticing Enforcement Choices
The only jurisdiction for litigation of Unitary Patents will be the UPC, which provides advantageous possibilities for patent enforcement. It is much more cost-effective to take action against infringement once, rather than repeatedly, across all participating countries. As an added bonus for English-speaking nations, UPC infringement proceedings will be held in a single language.
The UPC will be more effective at enforcing laws since it will have stricter deadlines and resolve cases more swiftly than many national courts. The UPC may also take a patentee-friendly attitude on a number of problems.
Also Read: How Patent Analytics Can Help You Maximize Your IP Strategy
Benefits in Convoluted Infringement Cases
There are benefits to enforcing a Unitary Patent even in the most complicated cases of infringement. Litigants can choose the country for litigation via a local UPC division, untethered from the location of the last step in a procedure that spans many countries. Furthermore, actions for contributory infringement have a wider range of applicability, particularly where tools for executing the invention are supplied in a nation other than the one where direct infringement occurs.
Employing Methods from Various Nations
With the enforcement of a Unitary Patent, patentees can take advantage of procedures from a variety of jurisdictions’ legal systems. For instance, a preliminary injunction can be pursued in tandem with evidence collecting utilizing an ex-parte saisie-contrefaçon seizure, which is only available in certain countries like France.
Extensive Redress for Violations
The benefits of a Unitary Patent extend to the successful prosecution of infringement cases. It is possible to seek compensation for damages in several different nations all at once. The availability of pan-European injunctions reduces the need for separate legal proceedings in each European country where the infringement occurred.
Benefits and Risks, a Concluding Remark
The benefits of a Unitary Patent include lower overall costs, easier administration, and more favorable enforcement choices. It is important to weigh these advantages against the possibility of losing everything in a single legal proceeding and the unknowns of employing a new court system. Inventors can make the most of Unitary Patents while effectively controlling potential risks through the use of tailored tactics, such as filing divisional applications with the EPO for additional protection.
Also Read: How to Avoid Standard Essential Patents (SEPs) Litigation?