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ARTICLE · 08 NOVEMBER 2023

Are Process Claims More Valuable In A Unitary Patent?

Potter Clarkson LLP
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Nearly six months on from the opening of the Unified Patent Court and establishment of the Unitary Patent, the frenzy of bulk instructing, preparing and filing bulk...

European UnionIntellectual Property
Simon Curtis
Simon Curtis
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Nearly six months on from the opening of the Unified Patent Court and establishment of the Unitary Patent, the frenzy of bulk instructing, preparing and filing bulk opt-outs has died down for the world's patent professionals. Opt-outs will continue to be filed over the next few years but we now find ourselves with the time to reflect on the new system that is in place.

At the time of writing in October 2023, almost 11,500 Unitary Patents have been granted, which at a rough estimate appears to be around a third of the patents which the EPO has granted since June 2023. There are also around 70 cases that have been filed at the UPC that are visible on the UPC's case management system, though it is understood that more are lurking beneath the surface.

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