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ARTICLE · 27 FEBRUARY 2023

Unitary Patent + UK Will Be A Popular Strategy

Maucher Jenkins
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The Unitary Patent is coming soon. It represents the biggest development in European patent law since the European Patent started in 1978.

United KingdomIntellectual Property
Hugh C. Dunlop
Hugh C. Dunlop

The Unitary Patent is coming soon. It represents the biggest development  in European patent law since the European Patent started in 1978.

It will be granted by the EPO in the same way and under the same rules. It will initially be available covering 17 of the 39 states of the EPC, representing a market with a population of 285 million consumers and a GDP of $13 trillion. It will not extend to the UK, but the UK can be designated in the usual way, as can other states not party to the new system, including other non-EU states like Switzerland and Turkey.

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Unified Patent Court

For the new patent comes a new Court – the Unified Patent Court. It will have divisions in the various states and a Central Division in Paris and Munich. The validity of a Unitary Patent can only be challenged before the Central Division because the patent stands or falls as a whole across all its territory.

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