The patent package of the European Union: the European patent with unitary effect (unitary patent) and the Unified Patent Court

Abstract

After many years of negotiations the responsible bodies of the European Union agreed last year to establish a unitary patent for the territory of 25 of its member states and a Unified Patent Court by way of two EU Regulations and an international treaty. The EU Regulations establishing the unitary patent entered into force on 20 January 2013 and will become applicable once the Agreement on a Unified Patent Court entered into force. This makes it clear that the first unitary patent can only be requested and registered once the court agreement entered into force. The Agreement on a Unified Patent Court will enter into force as soon as it is ratified by 13 states, among them France, Germany and the United Kingdom. The following article provides background information on the project and gives an overview of the unitary patent concept and the Unified Patent Court.