Unified Patent Court Agreement enters into force

After Austria has ratified the Protocol on Provisional Application of the Unified Patent Court (UPC) Agreement, provisional applications will start and the unitary patent is expected to become a reality within the next few months.

The unitary patent will strengthen the existing centralised European patent-granting system while lowering maintenance costs and reducing overall complexity for patent applicants. It will be possible to get patent protection in up to 25 EU Member States by submitting one single request to the European Patent Office (EPO). The UPC will be established as a further tool in the EU's arsenal to protect and enforce patents.

The new patent system, including the UPC, is expected to start in the second half of 2022.

Background: The Unitary Patent package

The Unified Patent Court (UPC) will be an international court with jurisdiction for infringement and revocation actions concerning patents granted by the EPO. This specialised court will make the Europe-wide enforcement of patents easier, offer greater legal certainty and reduce litigation costs. The Court is based on an international treaty, the UPCA.

Source: EU IP Helpdesk / EPO press release