Information / UPC and Unitary patent check list

If you own a granted European patent

 

  • Decide whether you want the Unified Patent Court to have jurisdiction over your patent.
    No? Opt out as soon as possible.
  • Check whether your patent has ownership or license issues to be dealt with, or considered in drafting new agreements.
  • Assess the patent’s strength (also in consideration of expected litigation).
  • Consider the possibility of double protection in the European Union member states in which it is available.
  • Decide which European Union member states are of commercial interest.
  • Assess which are the jurisdictions where competitors or potential infringers operate.

If you have applied for a European patent that has not yet been granted

 

  • Decide which European patent member states are of commercial interest.
  • Consider whether to request unitary effect after grant of the European patent (the patent becomes a Unitary patent), or whether you would rather keep the option of abandoning the patent in one or more designated states.
  • If you decide NOT to request unitary effect for your European patent, decide whether you want the Unified Patent Court to have jurisdiction over your European patent (also in consideration of expected litigation and/or strength of the patent).
    No? Opt out as soon as possible.

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For queries or assistance on Unitary patent and Unified Patent Court matters, please contact us.