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ISSUE 1 2014 MASCHIO & SOAMES IP LTD
A Unitary Patent –What’s the news?
Candi Soames
Background
The two EU Regulations establishing the Unitary Patent were agreed using the enhanced cooperation procedure which enabled a smaller group of EU countries to make progress after many years of delay. Currently 25 EU countries are participating in the Unitary Patent; Spain and Italy are not covered by the Unitary Patent Regulation although they can join at a later date.
A Unitary Patent, once granted by the European Patent Office (EPO), will provide uniform protection with equal effect in all of the participating countries.
It will be subject to the jurisdiction of the Unified Patent Court (UPC) which was established by an intergovernmental agreement signed by the UK and 24 other countries on 19 February 2013. The UPC will have exclusive competence over actions for infringement and validity of Unitary Patents, as well as European bundle patents granted by the EPO.
There will be a transitional period during which European bundle patents may be litigated either in the UPC or in the national courts of the participating countries. National patents granted by the UK Intellectual Property Office (IPO), will remain within the jurisdiction of the UK court systems.
Appreciation of the ramifications of the UP is spreading
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