The European Union Votes To Create A Unitary Patent System

The Parliament of the European Union, on December 11, 2012, voted for creating a Unitary Patent System (UPS) with a unitary effect in 25 European states.¹ Spain and Italy have so far opted out of the system but may choose to join at a later date. The aim is to provide lower costs and more effective protection through one single administrative step. The UPS has three pillars, each pillar with separate legislation and procedures: the first pillar creates an instrument to set up a unitary protection system; the second pillar provides the language regime to deliver and administer the unitary patent; and the third pillar focuses on setting up a Unified Patent Court (UPC) with exclusive jurisdiction concerning infringement and validity of the unitary patents.