The European Unitary Patent System Is Live

After many long years, and much hard work, the day that many thought would never happen has actually arrived. As of 1st June 2023, the Unitary Patent system comes into force, meaning that the Unified Patent Court opens its doors and applicants can now apply for a European Unitary Patent.

The aim was to provide a single patent and a single procedure to cover the whole of Europe, with a centralised Court for enforcement, in order to substantially reduce costs and simplify procedures for all users. Whilst this aim has not quite been achieved at commencement, with only 17 European countries having joined at present, this marks a significant step towards a unitary European patent system. 

Filing and Examination of European Patents will still be undertaken by the European Patent Office, and for those applicants keen to take advantage of the new Unitary Patent to obtain protection in 17 European countries with one patent, a request must be filed with the EPO within one month of grant of the European application.

Whilst all Unitary Patents will fall within the jurisdiction of the Unified Patent Court, for those who are concerned about the unitary enforcement of the Unified Patent Court, all non-Unitary European patents in ratifying states can be opted out of the jurisdiction of the Unified Patent Court. An opt out request is filed at the Unified Patent Court and can be filed at any time, provided that no action at the Unitary Patent Court has already been commenced in respect of the patent.

For those of you that are interested in opting out of the jurisdiction of the Unified Patent Court and have not taken advantage of the Sunrise Period, it is still possible to file an opt-out. We recommend that opt-outs on granted patents are filed as soon as possible, since it is no longer possible to opt out once proceedings have commenced in relation to a patent.

Mathisen & Macara have a number of patent attorneys who are registered representatives at the Unified Patent Court and we look forward to seeing the development of this new system.