INTRODUCTION TO UP & UPC

At present, if an applicant intends to apply for patent in multiple European countries, there is no need to file the application respectively in the national patent office of each member state, the filing can be submitted directly to EPO.  This has significantly simplified relevant application & review procedures, but it is still required to validate and maintain the patent individually in each country where the patentee chooses it to take effect, thereby causing the inconvenience and higher renewal costs.

 

UP (Unitary Patent) and UPC (Unified Patent Court) would be established at the soonest in late 2022 or early 2023, with which an applicant may choose to have a granted patent validated in every member state or in a single country only according to the existing system.  In the future, all UP-related procedures continue to be centrally handled by the EPO, while any disputes in connection with the patent rights are under the jurisdiction of the UPC.

 

Since the new system was online not long ago, the patentee shall take the following into consideration:

 

1. The territorial scope of UP does not fully cover those EPC member states, excluding Spain and United Kingdom.

 

2. In spite of simplified procedures and lower renewal costs (in case the patent is validated in at least 4 countries), the patentee would assume the risk that patent right would be invalidated in all those countries once the patent concerned becomes nullified.  Further, no substantial change in patent maintenance is allowed, it is thus unable to make any adjustment to deal with a specific country.

 

3. Any UP is under the exclusive jurisdiction of the UPC, the patentee can take a single legal action against the issues involving same patent in different countries, thus reducing the litigation costs.

 

At present, if an applicant intends to apply for patent in multiple European countries, there is no need to file the application respectively in the national patent office of each member state, the filing can be submitted directly to EPO.  This has significantly simplified relevant application & review procedures, but it is still required to validate and maintain the patent individually in each country where the patentee chooses it to take effect, thereby causing the inconvenience and higher renewal costs.

 

UP (Unitary Patent) and UPC (Unified Patent Court) would be established at the soonest in late 2022 or early 2023, with which an applicant may choose to have a granted patent validated in every member state or in a single country only according to the existing system.  In the future, all UP-related procedures continue to be centrally handled by the EPO, while any disputes in connection with the patent rights are under the jurisdiction of the UPC.

 

Since the new system was online not long ago, the patentee shall take the following into consideration:

 

1.     The territorial scope of UP does not fully cover those EPC member states, excluding Spain and United Kingdom.

 

2.     In spite of simplified procedures and lower renewal costs (in case the patent is validated in at least 4 countries), the patentee would assume the risk that patent right would be invalidated in all those countries once the patent concerned becomes nullified.  Further, no substantial change in patent maintenance is allowed, it is thus unable to make any adjustment to deal with a specific country.

 

3.     Any UP is under the exclusive jurisdiction of the UPC, the patentee can take a single legal action against the issues involving same patent in different countries, thus reducing the litigation costs.