A Guide through Europe’s New Unified Patent System

McDermott Will & Emery

Introduction -

The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected to be implemented in 2014 and is likely to have significant impact on companies with European patent portfolios. Although the legal framework of the new system is not yet finalised, it is still worthwhile being prepared in advance of its implementation.

This booklet offers an overview of the framework of the new system and focuses on the litigation aspects. It should serve as a tool when protecting or challenging patents in Europe. Although the new UP is described here, a full discussion of it is beyond the scope of this guide.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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