European Unitary Patent and Unified Patent Court
The process towards creation of a Unitary Patent and a Unified Patent Court has been ongoing for many years. If the Unitary Patent comes into being then it will enable the patent proprietor to request ‘unitary effect’ after a European patent is granted, thereby obtaining a Unitary Patent which provides uniform patent protection in up to 26 EU Member States. The Unified Patent Court will be a court common to the Contracting Member States and thus part of their judicial system. It will have exclusive competence in respect of European patents and European patents with unitary effect. The UK has already ratified the Unified Patent Court Agreement. However, Germany has not and launch of the new system is delayed pending resolution of certain constitutional complaints in Germany.
We are prepared for the Unitary Patent and Unified Patent Court whenever they might come into effect. All CMS European patent attorneys, including those based in the UK, will be able to represent applicants before the EPO and to obtain national patents or Unitary Patents granted via the European Patent Office, even after Brexit. Our team of lawyers and patent attorneys will have rights of audience before the new Unified Patent Court.