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•
Impressive geographical coverage
- A Unitary Patent
will provide protection spanning most of the countries
of the EU. With a population of over half a billion people
and a GDP valued at more than $18 trillion, this region
represents the largest market in the world.
•
Simplicity
- The unitary patent system offers much
greater simplicity for users. Instead of having to validate
a granted European patent on a country-by-country
basis, innovators will be able to achieve the same
protection with a single Unitary Patent maintained by a
single renewal fee.
•
Cost effectiveness
- The unitary patent system is cost
effective for everyone. The system becomes cheaper,
by comparison with traditional bundle European
patents, the more countries there are where your
products or services require protection.
•
Unexpected benefits
– Where previously a European
patent may have only been validated in, say, five EU
countries, the Unitary Patent covers 26 of the 28
member states for a similar cost to the five previously.
These “bonus” countries could provide unexpected
benefits to companies. Infringements can arise anytime
and anywhere, so the impressive geographical coverage
provided by a Unitary Patent could prove useful in
the future. It could also open the door to new market
opportunities in countries where the business has not
previously considered trading.
•
Access to a well-run Unitary Patent Court
– Under
the current system, different laws and working practices
mean there is a lack of consistency in the way that
patents and other intellectual property rights are
enforced at jurisdictional level. Once established, the
Unified Patent Court will take a centralised approach,
with the power to enforce IP rights across the entire
region. The new court system will have central divisions
in three European cities – London, Munich and Paris.
•
Pan-European powers of enforcement
– Spanning
the world’s largest market, the Unified Patent Court will
have significant powers of enforcement at its disposal.
This means that any business deciding to litigate to
block an alleged infringement of its patent rights could
secure a pan-European injunction. It may also be
possible to secure an ‘interim injunction’ while the case
is being heard; to date this type of intervention has only
been available readily in Germany.
•
Expediency
– The Unified Patent Court will resolve
cases much more quickly than is possible under the
current system. If a case is brought, it will be processed
and a judgment passed down within a year. This means
businesses can bring their case to court more quickly
if needed, with the added protection of an ‘interim
injunction’ while they do so. The alleged infringer, on the
other hand, will have to defend the case, in the
knowledge that, if they lose, they would be forced to pay
damages. Alternatively, they could choose to settle out
of court.
•
Better for SMEs
– Some small and medium-sized
businesses have been reluctant to pursue patent
litigation in the past because it can take two years or
more to achieve a resolution and the costs associated
with bringing a case were regarded as too great.
The unitary patent system is more agile and the ability
to secure an interim injunction will appeal to SMEs
particularly by providing an incentive to their opponents
to settle given the much bigger market from which they
could be excluded. Discounted court fees may also
apply for some small businesses and universities.
•
Choice of language
– For businesses in the UK
and other English-speaking countries, there is a clear
advantage to being able to litigate in one’s mother
tongue. This will be possible at all Unified Patent Court
hearings. Once the unitary patent system is established
it will also no longer be necessary to obtain post-
grant translations, although this will continue to be a
requirement for a temporary period. As well as
simplifying processes, these changes should help to
reduce cost.
•
Clear timelines
– The Unified Patent Court system will
introduce a clearer timeline and set deadlines for the
completion of each stage. This will bring added clarity
for all and help to prevent unnecessary delays. The UPC
has set itself the goal of hearing patent cases within
12 months from commencement and with just a one
day trial.
...It’s finally happening!
IP review
spring 2017
10 Reasons to welcome the Unitary Patent Package
