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Patent Law Firm

Dr. Keller
Schwertfeger

We protect your innovations.

Patents

Unitary Patent

The Unitary Patent and the Unitary Patent Court are the first pieces of the European Unified Patent System. Unitary Patents will make it possible to get patent protection in up to 26 EU Member States by submitting a single request to the EPO. After the referendum of the UK to leave the European Union it remains unclear whether and when the Unitary Patent System will come into force. London was designated as one major place for a central chamber of the Unitary Patent Court.

It is the aim of the Unitary Patent to decrease validation costs because no validation in the Contracting States will be necessary following grant of the patent. Revocation proceedings for European Patents or Unitary Patents can not be unitarily decided by the Unitary Patent Court. This eliminates the need for national nullity proceedings at the national patent courts. During a transitional period of 7 years, there is the possibility for patent owners to declare an Opt-out for their existing EP patents, which means that the national courts remain competent over the enforcement of the EP-Patents for which the Opt-out was declared and registered.

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since 1927