The Unified Patent Court and Unitary Patent: A Practitioner's Handbook pdf

European patent law is undergoing the most significant changes since the establishment of the European Patent Office in 1973. The legislative foundations were established a decade ago but now, after overcoming all court challenges and other roadblocks, the Unified Patent Court has finally been established. The court is finalizing its preparations to hear patent disputes from early 2023 onwards on behalf of the 17 EU member states participating from the start. Once the UPC opens its doors, the European Patent Office can register newly granted European patents as having unitary effect in those 17 countries.

Practitioners may wish to gain a better understanding of the challenges and opportunities this complex new system creates. We are therefore pleased to offer the second edition of our practitioner’s guide, originally published as the EU Patent Package Handbook in 2014.

This book is intended for those who want to obtain a systematic yet concise overview of what is relevant for navigating the new system. In addition to the updated and expanded summary (Part A) and detailed guide (Part C) of the 1st Edition, we have now included three chapters on strategic considerations for prosecution, opt-out, and litigation (Part B).

The book aims to foster a more fundamental understanding in the international patent community, which is facing questions such as:

• Should I start to register European patents as European Patents with Unitary Effect or continue with national validations?
• How can I set up my patent portfolio strategically in the best way to mitigate the risks and utilize the opportunities of the Unified Patent Court? How can instruments such as opting out, divisional applications at the EPO and national patent applications help in this?
• Should I aim to enforce or invalidate a European patent at a national court or at the Unified Patent Court?
• Or more generally, when and where should I litigate in Europe?