The European Patent with Unitary Effect ("Unitary Patent" or "UP") and the Unified Patent Court ("UPC") are on track to enter into force and become operational by Q4/2022–Q1/2023.
This is the most significant change in European patent law since the creation of the European Patent Office in 1977.
Why Your Company Needs to Be Prepared for the New System
Owners of granted European bundle patents must make decisions, preferably before the three-month "sunrise" period preceding the start of the new system, whether to exclude these patents from the jurisdiction of the UPC (so-called opting-out). Applicants will have an option to go for a Unitary Patent, continue with European bundle patents, or revert to separate national filings.
These decisions will need to take into account multiple strategic factors. And they need to be made as soon as possible.
Jones Day Is Here to Help You Get Up to Speed and Ahead of Competitors
Jones Day's Intellectual Property Practice is built for the new court system. Our IP team of patent attorneys and litigators is located in the key UPC venues and equipped with exceptional experience in litigating cases in those venues and strategically addressing cross-border issues.
Jones Day has the international presence and network required to serve our clients in multinational disputes extending beyond the boundaries of the UP and including the United Kingdom and Spain, which remain outside the UPC system.
We can assist you in strategic assessment of patent prosecution-related aspects, including opt-out/opt-in decisions, as well as litigation, regardless of your position as a plaintiff or defendant.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.