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ISSUE 1 2014 MASCHIO & SOAMES IP LTD This means that, if only 13 of the 25 member states have ratified the unitary patent when it comes into force, then patent protection in Europe will be a multi-tier system; unitary protection for those states which have ratified, and non-unitary bundle protection for those which have not, and also Italy and Spain. It is presumed that if a state ratifies during the life of a patent, then a non-unitary bundle right will become unitary at that stage, unless opted out.
Italy and Spain, the fourth and fifth largest European markets, do not intend to ratify the Unitary Patent at all. For the foreseeable future, therefore, unless opted out a European Patent will comprise a unitary right covering at least 13 states, a bundle of rights, any of which may become a unitary right, covering the remaining states except Italy and Spain, and bundle rights covering Italy and Spain which will not become unitary.
Pros and Cons of the Unitary Patent...some thoughts...
The establishment of a Unitary Patent represents an exciting evolution in the European patent system for both businesses and patent attorneys alike. Only time will tell if and how businesses, both big and small will utilize this system. Some of the benefits and potential drawbacks are touched upon below: Cost-wise, in the case where a patent is sought covering all member states, the Unitary Patent will provide a more cost effective route for obtaining and maintaining a bundle of rights. Further, unlike a bundle
of European rights, a Unitary Patent will not require validation in each individual member state. The translation requirements for the Unitary Patent will also be significantly simpler. Overall, then, it is expected that where businesses require broad patent coverage, then the Unitary Patent system may provide a simpler and more cost effective route than is currently available, significantly reducing the cost of validating a European patent.
Not all states are ready to enter the water
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