Module 17 2024

EPC and EPO

• European Patent Convention (EPC)

– European Patent Office (EPO) applies EPC to determine what is and is not patentable in European patent applications

– Similar rules are implemented in national laws of signatories of the EPC, but interpretation during enforcement (currently) up to the national courts of the signatories

– All EU members plus a number of other non-EU states

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Unified Patent Court Unitary Patent

• UPC Agreement became effective in June 2023

• Single court system for patent disputes EU- wide regarding “unitary patents” and some European patents (but excluding a few EU states: Croatia, Poland, Spain)

– Enforcement (almost) EU-wide

– Invalidity (almost) EU-wide

• Unitary patent granted by EPO like regular European patent after designation by patent applicant

• After 7-year transitional period, UPC jurisdiction over European patents and unitary patents is mandatory

• During 7-year period, can opt-out European patents and applications from jurisdiction of UPC

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