The Progress to Date with the Unitary European Patent and the Unified Patent Court for Europe

Abstract

Following political agreement in the European Council in June 2012, the EU enacted legislation to establish the European patent with unitary effect in December 2012 and most EU member states signed an international treaty in February 2013, outside the framework of the EU, to establish a Unified Patent Court with jurisdiction not only over the new European patent with unitary effect but also, subject to transitional provisions, traditional European patents designating one or more EU member states. The new system is likely to come into effect in 2015. The shape of the new system is coming into focus and this article reviews the progress to date in implementing it, what remains to be done, and what industry should be doing in preparation for it.