February 2023

European Unitary Patent Court Finally Given Start Date - 1st June 2023

Kevin Fournier Legal Consultant - Commercial

This means that a single court for resolving patent disputes will now be available across 17 member states of the European Union.  This will help greatly in reducing the current state of affairs in terms of inefficient parallel litigation in several member states, as well as potentially inconsistent judgements, given the same set of facts.

 

This major development in the European patent legal system should open the doors for putting Europe at the forefront of the worldwide patent infrastructure.

 

European patents can now be validated in the relevant EU member states once the European Patent Office grants a patent application, thus reducing costs significantly for applicants wishing to have patent protection in several EU member states.

 

After Brexit, the United Kingdom is not able to participate in this EU initiative.  However, the European Patent Office remains an option for obtaining a patent in the United Kingdom, via a separate UK/GB designation and validation, although any disputes would have to be handled in the local (England/Wales, Scotland or Northern Ireland) court systems.

 

Photo by Sara Kurfeß on Unsplash

Jurit LLP is happy to answer your patent related questions as we move ahead in this new and exciting legal framework

Kevin Fournier Legal Consultant - Commercial +44 (0) 20 7846 2370 kevin.fournier@jurit.com

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Please note this paper is intended to provide general information and knowledge about legal developments and topics which may be of interest to readers. It is not a comprehensive analysis of law nor does it provide specific legal advice. Advice on the specific circumstances of a matter should be sought.