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-efficient.
Intellectual property represents significant value for companies. Therefore, comprehensive protection is necessary. Patent law is one of the classic areas of industrial property protection. With the registration of a patent, a technical invention can be protected from imitators. With the introduction of the European unitary patent, it should become possible to obtain patent protection in up to 25 EU countries with just one application at the European Patent Office, explains the law firm MTR Rechtsanwälte, which has a focus on advising in industrial property protection. The registration of patents within the EU should become simpler and more cost-efficient with the unitary patent.
Until the unitary patent can be utilized 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 stages of the granting process.
The unified patent system is anticipated to start on April 1, 2023, provided enough EU member states have completed the ratification procedure. The territorial scope of the unitary patent will ultimately extend to 25 EU member states, initially likely covering 17 states. The unitary patent offers an additional option for patent protection in the EU. Moreover, patent applications can continue to be submitted to the competent authorities of the states in which patent protection is sought. In Germany, patents can still be registered with the German Patent and Trademark Office (DPMA). It is also possible to register a European patent as a unitary patent and additionally apply for patent protection in states not covered by the unitary patent.
Currently, an invention can be protected in Europe with either a national or a European patent. However, patents must be validated individually in each state where they are to apply. This can be time-consuming and costly. With the unitary patent, individual validation in EU member states is no longer necessary.
The unitary patent is also linked to the establishment of the Unified Patent Court.
Lawyers experienced in industrial property protection can advise on patent protection and the unitary patent.
