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UP & UPC

The Unitary Patent (UP) and Unified Patent Court (UPC) supplement the existing centralized European patent granting system by providing a cost-effective solution for patent protection and dispute resolution across Europe.

With a single request, Unitary Patents currently offer protection in 18 EU Member States, streamlining the post-grant process for applicants.

The Unified Patent Court, established by participating EU Member States, handles infringement and validity issues for both Unitary patents and European patents, reducing parallel litigation and improving legal certainty.

Discover the pro's and con's

Pros

  • Cost advantage
    • For parties interested in Europe-wide validation
    • For litigation (compared to multiple national litigations)
  • Simplified administration
  • Specialised judges
  • Speed of judicial decisions
  • Reduced cross-border issues
  • English will be available in most divisions – also BE

Cons

  • Not possible to downsize patent territory after decision to pursue a Unitary Patent
  • Risk of one negative decision for all countries
  • Central revocation action in the ‘UP space’ possible even after EPO opposition period has expired

Webinar on the UP & UPC

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