Practical implications of the unitary patent system in Europe

摘要

The procedures for the implementation of the so-called 'unitary patent' in Europe are now gathering pace. The Preparatory Committee of the Unified Patent Court (UPC) has started the process for setting up the court. Similarly, the EPO has set up a Select Committee on the unitary patent to oversee its introduction as part of the operations of the EPO.The relevant legislation governing the new court and patent (the CEU Patent Package') comprises the Unitary patent Regulation (EU) no. 1257/2012, the Translation Arrangements Regulation (EU) no. 1260/2012, and the Agreement on a UPC.This article seeks to provide an overview of developments and the key features of the new system. Some practical considerations are also set out, as all parties familiar with the current legal landscape in Europe will need to take account of these changes.