The patent landscape in Europe is about to undergo one of the biggest changes in history with the start of the Unified Patent System in Spring 2023. The introduction of the Unitary Patent and Unified Patent Court, which aims to make uniform patent protection in up to 25 EU Member States possible, will affect all applicants and patentees seeking patent protection in Europe through the European Patent Office.

Currently, 17 states have ratified the Agreements and will participate in the Unitary Patent when it starts, they are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Sweden.

Once the system is launched, all existing European rights in member states will fall under the jurisdiction of both the UPC and the national courts.

There is an option to OPT-OUT option which must be filed during the three-month Sunrise period before the new system comes. The opt-out will remain effective for the life of the patent (even beyond the transitional period), but the holder may withdraw it at any time (provided that no action has been brought before a national court).

Anaqua Service offerings include:

  • Analyze – assess your portfolio for opt-out candidates for your review
  • Verify – provide validation of your selection of opt-out candidates
  • Opt-Out – perform opt-out request on your behalf with the UPC
  • Update – edit the fields within AQX

If you are seeking to opt-out or have questions about the process, Anaqua can help!

To learn more contact us here.

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