- The European patent system changed on June 1, 2023, with the Unitary Patent Court (UPC) Agreement entering into force for currently seventeen EU Member States.
- The UPC is a court common to those participating Member States that decides on infringement and validity for both Unitary Patents and classic European Patents.
- According to European patent attorney Martin Schweiger, UPC decisions can be swiftly enforced across the entire UPC territory, and UPC interim/preliminary injunctions are immediately available—differences from the prior EU system as well as the US and China.
- European patent owners faced a decision to ‘opt out’ of the UPC system or remain under it, with that choice needing to be made by June 1, 2023.
Attention innovators who have or will file for patent protection in Europe. The European Patent System is changing on June 1st, 2023. European patent owners will now be faced with new important decisions between the old system and the new system.
The seismic shift in European Patent practices is being driven by the new Unified Patent Court (UPC) regime. This brand-new patent system will forever change how businesses protect patents in the EU and beyond.
“The Unified Patent Court (UPC) is a Court, comprising judges from all participating Member States of the European Union. It is set up to decide in particular on the infringement and validity of both Unitary Patents and classic European Patents. The UPC is a Court common to currently seventeen EU Member States for which the Agreement on a Unified Patent Court (UPCA) will enter into force on June 1st, 2023.”
Expert European patent attorney “Martin Schweiger” states that the UPC differs from the old system in that:
- All UPC decisions can be swiftly asserted in the
entire UPC land, which is different from the EU. - UPC Interim/Preliminary Injunctions are
immediately available, which is different from the US and
China.
Are you ready? Many are rushing to decide whether they need to “opt-out” – but do you know how to make that decision in your best interest? One way or another, your decision will be made by June 1st! To Opt-out or not to Opt-out is the tangled question. Here at Thompson Patent Law, we can assess you with the best strategy possible to protect your European IP.
You can schedule your complimentary 15-minute consultation to give you a headstart on your decision and identify what will be better for your IP.
Feel free to call anytime at (512) 649-1046 or email us at [email protected] to set up your initial consultation.
