The Unitary Patent system in Europe is growing fast. Since June 2023, it has seen over 27,500 registrations for unitary effect, which shows many are keen on this new way of handling patents12. Interestingly, 35.5% of these patents come from smaller companies. Also, 24% of European Patent Office patents are now Unitary Patents1. Such a big move involves 6,300 staff at the EPO, showing a solid support system1.
Recently, special judges in Germany have been taking their oaths in places like Mannheim and Munich. They’re getting ready to resolve any problems that might come up with unitary patents. By 27 June 2024, the Milan area of the Unified Patent Court will open its doors. This will make it easier for everyone to work together, including recent visitors from the U.S. Congress1.
Looking at who’s involved, 64.2% of the first-year Unitary Patents were from Europe’s EPO countries. The U.S. contributed 16.1%, with China, Japan, and Korea close behind. This shows a worldwide interest in the new system1.
These changes are part of a bigger effort in Europe to improve patent handling. The goal is to create a smoother, more united approach to patents.
Key Takeaways
- Since June 2023, over 27,500 unitary patents have been registered, showing strong interest12.
- Among European owners, small and medium enterprises held 35.5% of these patents in 202312.
- The European Patent Office has 6,300 employees, helping with the significant changes in Europe’s patent system1.
- Special judges in Mannheim and Munich have recently joined, focusing on careful legal control.
- The Milian section of the UPIC will open on 27 June 2024, improving how different countries work together.
Introduction to the Unitary Patent System
The Unitary Patent system is a big change in how patents work across Europe. It aims to simplify getting and protecting patents for anyone creating something new. From 1 June 2023, it will operate in 17 EU countries. Eventually, it could cover 25 countries with just one application to the EPO3.
This new system makes it easier for tech innovations to happen. It lets people apply for a patent once and pay one fee to keep it. Before, people had to do this separately in each European country they wanted protection4. A big plus is that if there’s a legal issue, one court can handle it for all of Europe.
The UPC looks after these new unitary patents, all EP patents in a bunch, new EP patent requests, and special SPCs5. This means the rules on legal stuff like stopping someone from using your idea, paying for damage, or figuring out if your patent is good are the same everywhere it covers. Also, if you’re a patent holder, you can choose not to use the UPC’s court until at least June 20304.
The system also suits small and new businesses, individuals, groups that don’t make money, schools, and research places. It gives them a one-off EUR 500 to help with translating patent stuff3. This helps encourage many different groups to join the patent system and push for new ideas.
In the past, a European patent could cover 39 countries, but it was a bit messy. Now, with 17 EU countries in the Unitary Patent, things are more transparent and easier to follow. This is thanks to a single set of laws under the UPC Agreement4. Plus, Ireland is working to join this new way through a vote. So, soon, a lot of Europe will share this improved patent system. It means a smoother and less costly journey for people making new things and companies using their ideas.
| Feature | Traditional European Patent | Unitary Patent |
|---|---|---|
| Number of Member States for Protection | 39 | 17 (extendable to 25) |
| Cost Over Lifetime (Approx.) | 160,633 EUR | 35,555 EUR |
| Centralised Administration | No | Yes |
| Translation Compensation for SMEs | N/A | EUR 500 |
| Jurisdiction | National Courts | Unified Patent Court |
Recent Judicial Appointments and Oath-Taking Ceremonies
The UPC is boosting its judicial know-how through tough judicial appointments. These include oath-taking ceremonies. These are key for the European patent reform. They make sure the UPC has the right people to work well.
Oath Taking of Judges in Mannheim and Munich
The oath-taking events in Mannheim and Munich were very important. They saw the swearing-in of judges who are experts in both technology and law. This step is essential for the UPC to handle patent cases well across Europe. It shows that the UPC puts a lot of effort into picking judges who know their stuff6.
New Technically Qualified Judges
On 17 June 2024, the UPC got eight new technically qualified judges. This big move shows the court’s aim to fully understand complex patent issues. Having judges who know the technical side is key to making sure patent cases are looked at carefully6
Oath Taking in Central Division Milan
On 21 June and 1 July 2024, UPC Central Division Milan judges took their oaths. This is a key event in strengthening and improving the court’s expertise. Such steps are critical for the UPC to handle patent cases reasonably and well6.
Changes also include adding protection for Unitary Patents in the General Part and adding Georgia as a place where patents are recognized. It talks about getting back appeal fees and how to ask for a unitary effect. It also explains who the inventor is and makes the filing process clearer. These changes make things smoother for the courts7.
At the Court of First Instance, there are always three judges. Local sections with less than fifty cases a year have one local judge and two from the Pool of Judges. Those with fifty or more cases yearly get two local judges and one from the Pool. Regional sections have two judges from each country and one from the Pool. The Central Division focuses on cases about technology, with judges who know about law and technology. This system makes sure all cases are dealt with fairly and fully8.
Visits and Engagements
The UPC Central Division Munich plays a big part in bringing people in the law and patent world closer. They started the EPO judicial internships, which help people see how patent cases work and make it easier for countries to follow similar patent rules.
UPC Central Division Section Munich
The UPC Central Division in Munich is key in handling patent arguments and ensuring clear patent laws. Romania’s accession as the 18th member on 1 September 20249 was a big moment. It shows how more countries are working together.
They are also working on making their decisions more transparent to everyone. Lately, people have been asking for more openness in how the UPC makes its choices9.
The Central Division’s decisions have had a big impact on how we understand patent claims, which in turn affects how patents are handled and enforced9. The Central Division works in Paris and Munich and plans to start working in Milan, which will make its work even more important.
Judicial Internships at the EPO
The UPC and EPO offer hands-on internships to help new legal experts learn. These internships let interns see how the court and patents work up close. The goal is to prepare future judges and lawyers. They will know much about the Unitary Patent and how the UPC quickly solves patent fights.
In the first year, interns dealt with 134 cases. These included instances of copying, stopping a patent’s effect, and cases against patents on their own10. This experience taught a lot, fitting the UPC’s aim to solve patent fights in just one year11.
In the end, both the UPC Central Division in Munich and the EPO internships are helping to make patent rules more alike. This makes patent work fairer and clearer across Europe.
Opening of the Milan Section of the UPC
The Milan section of the UPC’s Central Division is a key step forward for the unitary patent in Europe. Opening on 27 June 2024, it joins the divisions in Paris and Munich. These areas handle patent disputes in different WIPO IPC Sections12. Milan will take over some cases, easing the workload and improving patent case efficiency13.
The process of opening this branch started when the UK left the UPC Agreement on July 202013. Italy won the bid for Milan, sealing the deal in January 202413. The Milan section will handle various patents, including tech, pharmaceutical, and biotech13. It will play a significant role in patent cases all over Europe13.
In June 2023, the EU Member States started a new European patent with unitary effect14. About 400 million people across the single market will benefit. Adding Milan to the UPC Central Division will improve how patent cases are handled14. This will give different business areas a simpler and more effective way to solve their intellectual property issues.
Source Links
- https://www.epo.org/en/news-events/press-centre/press-release/2024/1158768 – Unitary Patent exceeds projections in its inaugural year: SME uptake highlights key benefits
- https://www.epo.org/en/news-events/news/successful-start-unitary-patent – A successful start for the Unitary Patent
- https://www.epo.org/en/applying/european/unitary/unitary-patent – Unitary Patent | Epo.org
- https://www.iqvia.com/blogs/2023/10/an-overview-of-unitary-patent-and-unified-patent-court – An Overview of Unitary Patent and Unified Patent Court
- https://www.dlapiper.com/en-OM/insights/topics/unified-patent-court – Unitary Patent and Unified Patent Court | DLA Piper
- https://www.juve-patent.com/ticker/upc-news-ticker/ – UPC news ticker Archives
- https://www.epo.org/en/legal/guidelines-epc/2024/m.html – List of sections amended in 2024 revision
- https://www.epo.org/en/legal/up-upc/2022/upca_8.html – Article 8 – Composition of the panels of the Court of First Instance
- https://www.gje.com/resources/upc-up-date/ – UPC/UP-DATE – GJE
- https://www.lexology.com/library/detail.aspx?g=c53b3bd7-a7a9-42c6-9831-c3d3bce6d2d0 – The Unitary Patent and the Unified Patent Court turn 1: Part 2
- https://www.greyb.com/blog/overview-of-unitary-patent-unified-patent-court/ – Latest unitary patent & unified patent court insights to help you decide
- https://www.dyoung.com/en/knowledgebank/articles/upc-milan-division-irish-referendum – UPC: Milan Central Division and Irish Referendum
- https://www.studiotorta.com/en/milan-is-about-to-become-central-in-the-upc/ – Milan is about to become central in the UPC – Studio Torta
- https://www.dlapiper.com/en/insights/topics/unified-patent-court – Unitary Patent and Unified Patent Court | DLA Piper