European Union patent

Comments on European Union Unitary Patent agreement

A Unitary Patent agreement, which would put an international agreement on a unified patent court for litigation on infringement and revocation of “Classical” European Patents and European Patents with unitary effect, would enter into force January 1, 2014 or later if ratified.  Important effects would include a reduction in costs and a reduction in uncertainty, as a court decision on a patent would be binding in participating Member States, i.e. over the European Union.  This means individual cases would not need to be pursued in individual countries in the European Union.  This particularly favors defendants in cases, who would not need to defend independently in each of several countries.  One disadvantage for a patent owner is that if the European Union patent is found invalid or unenforceable, all patent rights are lost in all the member states of the European Union.  We note that the United Kingdom might pull out of the European Union, which would affect this aspect.

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