The Unified Patent System

United Kingdom

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

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After over 40 years of debate and efforts to introduce a single patent and patent litigation system covering all EU Member States, the Unified Patent System signals a new era in cross-border patent protection and litigation. The Unified Patent System comprises the European Patent with unitary effect i.e. the "Unitary Patent" and the Unified Patent Court ("UPC"). The system aims to simplify and reduce the cost of obtaining, enforcing and challenging patent rights in EU countries and offer an alternative, speedy and cost-effective way to enforcing patent rights country by country. With key legislation already in place, it is hoped that the system will be operational in late 2015. With patent attorneys and lawyers in London, Paris and at the headquarters of the European Patent Office in Munich, we are well placed to assist you in taking advantage of this new system.