European Unitary Patent Package: Introduction to the New System including Strategic Considerations, (September 2023) 133 Intellectual Property Forum 40

The creation of the unitary patent and the Unified Patent Court (“UPC”) heralds the beginning of a new era in patent law in Europe. The Agreement on a Unified Patent Court (“UPCA”) entered into force on 1 June 2023 when the new UPC finally began operations. The opening of the UPC also coincides with the introduction of a new “unitary patent”. From now on, innovative companies will no longer have to apply for, maintain and, in the event of a dispute, enforce patents in court individually for all European Union (“EU”) Member States in order to protect their technical inventions. The new system provides a uniform court procedure with direct effect of the decisions for all participating EU Member States.