Financial risk “Unitary Patent System”
This concerns your granted European patents as well as your European patent applications.
Comprehensive support in the field of Intellectual Property also requires extensive counseling with regard to the subject “Unitary Patent System in Europe”.
Dealing with this subject is unexpendable even now – i. e. already before the start of the new system. This applies both to persons who have not yet applied for a patent and are thinking about an application and to persons who already find themselves in a patent application procedure and to persons who already own a European bundle patent.
With the imminent introduction of the so-called “Unitary Patent System”, the patent system in Europe is entering an extensive development process. Two components are of importance for the further development: the Unitary Patent (UP) and the Unified Patent Court (UPC).
A unitary patent provides uniform protection and has the same effect in all participating member states. It can be restricted, transferred or revoked or can expire only for all participating member states.
Regarding the Unified Patent Court, please note that its competence will also extend to European bundle patents granted before the start of the “Unitary Patent System” and claiming effect in the participating member states.
At the moment the new system is in the preparation phase, which is envisaged to take until the end of 2022. This means, among others, that the Unified Patent Court will be equipped with such technical resources and staff that it will be ready to work when the new system starts.
We would like to make use of this phase for analyzing your patent portfolio, together with you, with regard to the new system and to discuss a possible need to act.
|Transition phase (Sunrise period)||The preparation phase will be followed by a 3-month transition phase. Depending on the result of your portfolio analysis, a course should be set already in this transition phase whether to “take part in” or to “opt out of” the new system. If you take no precautions, the Unified Patent Court will be automatically competent for certain legal issues like infringement and invalidity actions concerning your already granted European bundle patents which claim effect in the participating member states.|
The new system is based on a variety of legal foundations, thus inducing complex questions concerning existing European bundle patents as well as unitary patents that will be granted in the future. It will provide a wide range of strategic options for securing tailor-made protection for your inventions.
In our law firm we have assembled an expert team from the patent and legal departments, who have spent the past months intensively occupying themselves with this complex subject and the issues involved. This expert team is prepared to provide you with comprehensive advice regarding the Unitary Patent System in Europe.
You may now make use of this opportunity in order to be prepared for the start of the new system.