The European Unitary Patent now formally adopted by the EU Council

13 December 2012

As anticipated, the Regulation for the Unitary Patent (UP) was formally adopted by the Council on Monday, 17th December 2012 following the European Parliament having reached agreement on revised wording of the Regulation on 11 December. As expected, Italy and Spain will remain outside the new Unitary Patent system which is due to come into force in 2014.
The revised wording has resolved a long-standing disagreement regarding the scope of Unitary Patent protection and the role of the Court of Justice of the European Union (CJEU) in relation to patent disputes. The new Article 5 now provides that while the overall scope of and limitations on the Unitary Patent shall be uniform across all participating Member States, the acts of infringement against which a UP affords protection in any given Member State shall be determined by the law of that Member state. This means in effect that the role of the CJEU will be confined to its usual one of determining points of interpretation and clarification of EU law. The new Unified Patent Court of Appeal in Luxembourg will be the ultimate court of appeal for all other issues arising in UP litigation.
With respect to the cost of a UP application, no definite figures are yet available although the European Commission has published an estimated figure of around €4,725 including translation costs and official fees.
It is also clear that there will be reduction to fees and translation costs for smaller entities. We expect further details on costs to be released soon.

Further details can be found via this link.

Our Expert
Andrew Dowling
Andrew Dowling
Location: London (UK)

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