January 2022

Kick-off for the Unitary Patent Court

The deposition of the ratification instrument for the Protocol on the Provisional Application of the UPC Agreement by Austria has marked the kick-off for the new European patent system. With this ratification becoming effective the Protocol has entered into force.

The European patent reform will thus now also take institutional shape. The period of provisional application, which has been estimated to need about eight months of time by the Preparatory Committee of the UPC, will see the judges of the new court being appointed to their roles and the system being made operational overall. The decisive junctures for the Unitary Patent and the Unitary Patent Court to form the new framework for unitary patent protection in Europe have thus now been passed.

As one of the leading mixed firms with teams of internationally experienced trial counsels and patent attorneys Eisenführ Speiser is already now perfectly set for the prosecution and enforcement of the Unitary Patent under the new system.

We'll keep you posted about the options and effects of the new system over the next months. If there are any questions regarding your company's concrete strategy, please do get in touch with one of our experts!

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