UNIFIED PATENT COURT (UPC)
On 1 June 2023, the Unitary Patent and Unified Patent Court (UPC) began. The Unified Patent Court is the most significant development in patent law in a generation. Although in its early days, the UPC looks to be travelling along the path of a successful launch. Innovative businesses would do well to adjust to this new and important judiciary.
This new court has complexities and involves novel legal issues absent from the current system of European national patent litigation.
Boston & Galway is committed to helping US law firms and all innovative companies understand this new European Patent Court and to succeed during proceedings before the court.
We believe that such success begins with excellent patent drafting.
We have an office in Europe and an office in the United States. Our extensive work in both jurisdictions has provided a framework to help secure patent rights that can meet the requirements of US and European Patent Law.
Europe’s new Unitary Patent System is reshaping patent litigation and economics. It eliminates the need for parallel European litigations, allowing companies to pick just one litigation team for its dispute. The way it is reshaping patent prosecution is increasing the value of patent work.
The system is made up of over 24 countries in the European Union. The UPC just hears patent disputes about EPO patents, shortening cases to 12 month and simplifying them to a single hearing. Each case is appointed a panel of 3-4 judges depending on need, with options for appeal. Judges of the UPC, each serve a 6-year term—eliminating lifelong appointments. Briefs are also now exchanged online, further simplifying the patent process.
To learn more about the how the system operates and familiarize yourself with the relevant jargon and information, please read our article.
UNITARY PATENT SYSTEM FOR US COMPANIES
Early Stage US Companies
A.I. Life Science and Med Tech
The European Patent Office is willing to grant patents in the area of AI, Diagnostics, and Medical Devices. Let us discuss with you the benefits of securing rights in the EU by way of the EPO.
Financial Accessibility
Over the last two decades, the US has chosen to move away from granting strong patent rights. In contrast, the EU is strengthening IP rights to encourage development of early stage EU companies. To this end, the EU is remaking EU patent Law. US companies can benefit from these EU efforts. Let us sit down with you and look over your IP protection plan.
Patent litigation in the U.S. is so costly it is referred to as the "sport of kings". For years the cost of US patent litigation has made enforcing a patent right, even for a clear case, economically impossible. And your competitors know this. With the UPC, patent enforcement is now an affordable option. Let us sit down with you to discuss the benefit that an affordable patent court can have on your business plan.
