The starting signal for the European unitary patent is expected on April 1, 2023. Registering patents in EU countries is intended to become simpler and more cost-effective.
Intellectual property represents significant value for companies. Therefore, comprehensive protection is necessary. Patent law is one of the classic areas of industrial property protection. By registering a patent, a technical invention can be protected from imitators. With the introduction of the European unitary patent, it should be possible to obtain patent protection in up to 25 EU countries with just one application at the European Patent Office, explains the commercial law firm MTR Rechtsanwälte, which focuses part of its consultancy on industrial property protection. The registration of patents within the EU is supposed to become simpler and more cost-effective with the unitary patent.
Until the unitary patent can be used from April 2023, two transitional measures for European patent applications will come into effect on January 1, 2023. The transitional measures are intended for patent applications that are already in the final phase of the grant procedure.
The unitary patent system is then expected to start on April 1, 2023, provided that enough EU member states have completed the ratification process. The territorial scope of the unitary patent will eventually extend to 25 EU member states, initially it will probably be 17 states. The unitary patent offers another option for patent protection in the EU. In addition, patent applications can still be filed with the competent authorities of the states where patent protection is sought. Similarly, patents can continue to be registered in Germany with the German Patent and Trade Mark Office (DPMA). It is also possible to register a European patent as a unitary patent and apply for patent protection additionally in states that are not covered by the unitary patent.
Currently, an invention in Europe can be protected with a national or a European patent. However, patents must be individually validated in each state where they are to take effect. This can cost time and money. With the unitary patent, individual validation in the EU member states is no longer necessary.
The establishment of the Unified Patent Court is also linked to the unitary patent.
Lawyers experienced in industrial property protection can advise on patent protection and the unitary patent.
