The adoption of the regulations for the unitary patent and unified patent court has been hailed as an historic achievement and the target implementation date for the unitary patent and unified patent court was originally scheduled for April 2014, though late 2015/2016 now looks more likely. Unitary patents will be treated as a single patent in potentially 24 or 25 (out of 28) EU member states and will not require separate validation and translation in each of those member states. The aim of the unitary patent system is to make Europe more attractive for investors and to bring Europe more into line with patent systems in Asia and the US.
This page comprises a collection of our posts on the subject of the unitary patent package (unitary patent and unified patent court). The posts in the “All Posts” section are provided in date order (most recent first). A selection of these posts are also grouped into a “Reference Posts” section and these represent our overview of the proposed system as we understand it so far.
The Unitary Patent Package: Two Years On – this provides an overview of progress in implementing the unitary patent package up to February 2015
Unitary patent package – final texts:
Unitary patent package – The Ratification Game. This blog post will be periodically updated as the position on ratification of the unified patent court agreement changes.
- Unitary Patent Package – The Ratification Game (Italy completes its ratification formalities) – 13 February 2017
- UPC update – February 2017 – 7 February 2017
- New UPC Implementation Timetable and further UK ratification progress – 24 January 2017
- The 12 point Brexit plan and the CJEU – can the UK be part of the UPC post-Brexit? – 19 January 2017
- Johnson and Johnson provide path to UK’s ratification of the UPC Agreement – 17 January 2017
- UK signs Protocol on Privileges and Immunities (Unified Patent Court update) – 20 December 2016
- The UK’s path to ratifying the UPC Agreement – 13 December 2016
- The UK and UPC: is the UK trying to have its cake and eat it? – 6 December 2016
- Did Theresa May just end UK participation in the UPC? – 4 October 2016
- UPC Update – September 2016 – 27 September 2016
- Brexit and the Uncertainty Principle Conundrum (UPC) – 20 September 2016
- Unitary Patent Package – The Ratification Game (The Netherlands completes its ratification formalities) – 15 September 2016
- Unified Patent Court Update – July 2016 – KBO* – 6 July 2016
- IP in the UK after the Brexit Referendum – 24 June 2016
- Unified Patent Court – News and June 2016 Update 2 – 21 June 2016
- Unitary Patent Package – The Ratification Game (Bulgaria completes its ratification formalities) – 7 June 2016
- Unified Patent Court – June 2016 Update – 1 June 2016
- The only alternative to Brexit is chaos? Brexit and trade marks/designs discussed at the CIPA Symposium – 19 May 2016
- “Pretty bad to very very bad” – Brexit and the UPC discussed at the CIPA Symposium – 17 May 2016
- Want to be a Judge at the UPC? Recruitment now open – 12 May 2016
- Unified Patent Court – April 2016 Update – 19 April 2016
- UPC and the computer software interoperability exception to infringement – 22 March 2016
- UPC Ratification Progress – 15 March 2016
- UPC – Rules of the court fees and recoverable costs – 7 March 2016
- UPC updates – No Opt-out fee for the UPC & more news – 1 March 2016
- Unitary Patent & the Brexit Brake – 23 February 2016
- UPC – Court locations, IPReg guidance note and Case Management System – 11 February 2016
- UPC Taskforce Update: January 2016 – 3 February 2016
- UPC developments: Wragge Lawrence Graham & Co’s Patents Seminar – 28 January 2016
- Unitary Patent Package – The Ratification Game (Finland completes its ratification formalities) – 20 January 2016
- UPC: Double patenting, Changes to Patents Act, Opt-out Register UI & Taskforce update – 15 December 2015
- EU Commission: unitary patent concerns; IP insurance and unitary SPCs – 7 December 2015
- UPC Update (November 2015, part II): SPCs, US interest and UK Taskforce – 26 November 2015
- UPC Update: Rules of Procedure, IT user testing & UK threats provisions – 5 November 2015
- UPC: More on the sunrise opt-out register & Taskforce update – 27 October 2015
- UPC: Protocol, Opt-out, Start date and Survey – 20 October 2015
- Italy has now joined the unitary patent – 1 October 2015
- Unitary patent and UPC update – September 2015 (part 2) – 22 September 2015
- European Patent Litigation Certificate – the Preparatory Committee’s proposal – 10 September 2015
- Unitary patent and UPC Update – September 2015 – 8 September 2015
- Unitary Patent Package – The Ratification Game (Portugal completes its ratification formalities) – 1 September 2015
- Portugal ratifies the UPC Agreement – 6 August 2015
- Unitary patent and UPC news round-up – 24 July 2015
- UPC Update: UK UPC Taskforce (July 2015) – 7 July 2015
- UPC Court Fees Consultation Event – the Q&A – 2 July 2015
- UPC Court Fees Consultation London Event (CIPA/IPO/IP Federation) – 29 June 2015
- UPC Update: UK UPC Taskforce (June 2015, part 2) – 22 June 2015
- UPC Update: UK UPC Taskforce (June 2015) – 8 June 2015
- Unitary patent package: the Ratification Game (Luxembourg completes its ratification formalities) – 1 June 2015
- UPC Updates: UK UPC Taskforce, Italy U-turn and the Belgian challenge – 28 May 2015
- Unitary patent renewal fees: revised proposal – 26 May 2015
- Who ya gonna call? (in case of Brexit) – 18 May 2015
- UPC update from the UK’s UPC Taskforce (May 2015) – 11 May 2015
- UPC – Court fees and recoverable costs – some more detail – 9 May 2015
- UPC Court Fees Consultation Now Available – 8 May 2015
- UPC Court Fees Consultation launches 8 May 2015 – 7 May 2015
- Spain v the Unitary Patent – CJEU gives Unanimous Points Decision to the Unitary Patent System – 5 May 2015
- UPC updates: Judgment Day for Spain & confusing communications from the EU Commission – 20 April 2015
- UPC Update: UK Purdah and a Belgian Challenge – 15 April 2015
- The UPC and Patent Litigation at the High Court and the IPEC – 9 April 2015.
- UPC Court Delivers Swift Justice – 7 April 2015. Mock UPC trial in Paris
- Unitary patent: Responses to the UK’s call for evidence – 31 March 2015. A summary of the responses received to the UKIPO’s 2014 consultation regarding unitary patent implementation.
- UPC Ratification: Mini update – Luxembourg – 26 March 2015.
- Unitary patent renewals: A closer look at the proposals – 17 March 2015
- Unitary Patent Update: Renewal fee news (shock!), EPLC, CJEU and Italy’s consultation – 10 March 2015
- Unitary patent updates from the UK’s UPC Taskforce (March 2015) – 5 March 2015
- AG’s Opinions on the Spanish Challenges to the Unitary Patent – English Translation – 2 March 2015. 101 days after the decisions were delivered, they were finally published in English
- The Unitary Patent Package: Two Years On – 20 February 2015
- Unitary Patent Update: More from the UK’s UPC Taskforce & renewal fee discussions – 16 February 2015
- Unitary patent system: On the “Unconstitutional” Misuse of Conflict-of-Law Rules – Max Planck Institute Paper Overview – 9 February 2015
- Unitary patent updates from the UK’s UPC Taskforce & No Irish Referendum in 2015? – 5 February 2015
- The Unitary Patent Package: Two year on, what to do now? – 21 January 2015. This is the third part of a series of articles on the unitary patent.
- The Unitary Patent, Spain and the EPO Boards of Appeal – 16 January 2015
- The Unitary Patent Package: Two years on. What progress has been made? – 15 January 2015. This is the second part of a series of articles on the unitary patent.
- The UPC in London: a look at the location options – 12 January 2015
- Unitary patent: News Nuggets (December 2014) – 23 December 2014.
- The Unitary Patent Package: Two Years on. Where are we now? (Overview of the Court) – 16 December 2014. The first post in a series of posts to provide an overview of the unitary patent system and the progress towards implementation.
- Licences and Assignments of Unitary Patents and the Relevance of German Law – 11 December 2014.
- Unitary Patent Package – The Ratification Game (Malta Ratifies the UPC Agreement) – 10 December 2014. Malta has become the sixth country to complete the ratification procedure for the UPC Agreement.
- Unitary patent: News Nuggets (ERA Conference – December 2014) – 8 December 2014. A short post following a recent conference on the unitary patent package. Includes a loose timeline for early 2015.
- Unitary patent: 17th Draft of Rules of Procedure – What’s changed? – 25 November 2014.
- Unitary Patent: AG to Spain “Bot says Not” (AG dismisses Spanish Challenges to Unitary Patent) – 18 November 2014. This post covers the Advocate General’s opinion on the Spanish Challenges to the Unitary Patent System. Also includes the CJEU Press Release.
- The unitary patent and double patenting – will the UK allow it? – 13 November 2014.
- Unitary patent: News Nuggets (November 2014, Part 2) – 11 November 2014. Because one portion of nuggets per month is never enough.
- Westminster Legal Policy Forum (The Future of Patent Law) – Seminar Review – 6 November 2014. Includes comments on the unitary patent and UPC from Managing IP.
- UPC Agreement – 17th Draft of Rules of Procedure now published – 3 November 2014.
- Unitary patent: News Nuggets (November 2014) – 3 November 2014. A roundup of news including Germany’s progress in ratifying the UPCA, will the UPC show a pro-patent bias and just how much work has been done so far on the renewal fees?
- Unitary patent and the UPC: a talk by Neil Feinson at the Westminster Legal Policy Forum – 21 October 2014.
- Unitary patent: AG’s Opinion (Spanish Challenges) Re-scheduled for November – 17 October 2014.
- UPC Ratification Progress in the Czech Republic & the Polish Economic Report – 13 October 2014. Why is the Czech Republic holding off from ratifying the UPC Agreement? And do the reasons have any parallel with the decision of Poland not to press ahead with ratification?
- Unitary patent: Spain stops play? – 8 October 2014.
- Unitary patent: Advocate General’s opinion on the Spanish Challenge is delayed – 6 October 2014.
- European Patent Litigation Certificate – responses to consultation – 29 September 2014.
- Implementing the Unitary Patent Provisions in the UK – the unclear scope of the software directive on UK patent infringement – 25 September 2014.
- Unitary patent – Preparatory Committee Updates – 18 September 2014. A new “road map” for implementing the UPC.
- Could an independent Scotland damage the Unitary Patent System? – 12 September 2014. In a word “No”! Now that Scotland has decided its Better Together this post is somewhat moot. It does highlight though just how wide ranging an impact a “Yes” vote could have had.
- An introduction to the Unitary Patent – 9 September 2014. Unitary patent 101 here as we try to give a high level overview of what’s going on with EU patent law.
- Unitary patent: News nuggets (August 2014) – 5 August 2014. Some updates on the Spanish Challenge to the unitary patent package, the European Patent Litigation Certificate and unitary patent renewal fees.
- EPO – Rules relating to Unitary Patent Protection – 31 July 2014. This post discusses the rules relating to unitary patent protection that wee approved by the EPO Select Committee on 24 June.
- Unitary patent system & EPO strikes – answers from the European Parliament – 24 July 2014.
- European Patent Litigation Certificate – Response to Consultation – 15 July 2014. This post ipcopymark’s response to the EPLC consultation.
- Unitary patent and Unified Patent Court – Conference Review (Note that there are this conference is covered in three different blog posts: Part I, Part II and Part III) – 8-11 July 2014. IPcopy attended this conference in Paris on 4 July and the three posts cover our thoughts on the issues raised.
- Unitary patent system & EPO strikes – questions in the European Parliament – 30 June 2014. There are a number of open questions in front of the EU Parliament that relate either to the unitary patent system or the EPO. This post has the background.
- Unitary patent: Nuggets of news – 25 June 2014. Background on the Spanish challenge to the unitary patent system, a translation of all EU Parliament discussions on the unitary patent plus ratification updates for Luxembourg and the Netherlands.
- Denmark ratifies the Unified Patent Court Agreement – 23 June 2014.
- European Patent Litigation Certificate – CIPA’s Public Consultation Seminar – 20 June 2014. Details of CIPA seminar on 2 July.
- European Patent Litigation Certificate – 18 June 2014. More details on the EPLC consultation that is running until 25 July 2014.
- Consultation Craziness – 17 June 2014. Overview details of three different consultations that are running including implementation of UPC in the UK and the European Patent Litigation Certificate
- And now Belgium ratify the UPC Agreement! – 11 June 2014. Following hot on the heels of Sweden is Belgium (#4 on the team sheet).
- Bork! Sweden ratifies UPC Agreement – 10 June 2014. Sweden become the third “team” onto the ratification team sheet.
- UPC: Preparatory Committee Progress Report – 9 June 2014.
- Unitary patent: Danish Referendum – “Yes” vote – 26 May 2014.
- Unitary patent system – Scuttlebutt – 22 May 2014. A round-up of rumours covering UK ratification, the renewal fee, the UK court location, the opt-out fee and more.
- IP Bill becomes the Intellectual Property Act 2014 – 15 May 2014. The Intellectual Property Act received Royal Assent and makes provision for ratifying the Unified Patent Court Agreement.
- Unitary patent system – Nuggets of News (May 2014) – 6 May 2014. News about progress on ratification in Belgium and Sweden. Post also contains a link to the Economic and Scientific Advisory Board’s study on the unitary patent package and an update on the Brussels I regulation.
- Unitary patent package – The Ratification Game – 2 April 2014. Post updated with details of France’s ratification.
- Unitary Patent System – Nuggets of News – 24 March 2014. News about the Budapest training centre, German ratification, Denmark and a slip in the official start date.
- Representation at the UPC – feedback from Rules of Procedure Submissions – 13 March 2014.
- Speculation on the Unitary Patent Renewal Fees: Graphs, graphs, graphs and a prediction – 10 March 2014.
- European Patent Litigation Certificate (Draft Paper now online) – 10 March 2014.
- 16th draft of Rules of Procedure of Unified Patent Court – 6 March 2014.
- Nordic Baltic Regional Division Established & Brussels I regulation amendments – 6 March 2014.
- European Patent Litigation Certificate (& other appropriate qualifications) – 3 March 2014. IPcopy takes a look at a draft paper that suggests how EPAs may get entered on to the list of representatives at the Unified Patent Court.
- Location, Location, Location (of divisions of the Unified Patent Court) – 27 February 2014.
- And then there were three? President Hollande signs off on ratification of UPC Agreement – 26 February 2014.
- First hint of Unified Patent Court opt-out fee? – 20 February 2014.
- The EPO’s draft rules relating to Unitary Patent Protection – Part II – 18 February 2014. Following the post below we were pointed at a more recent draft of the EPO’s rules. This post looks at the main differences from the August 2013 version below.
- The EPO’s draft rules relating to Unitary Patent Protection – 13 February 2014. This post looks at the EPO’s draft rules of August 2013.
- Unified Patent Court – The Italian Job – 10 February 2014. A closer look at what it might mean if italy ratify the unified patent court agreement
- Suggestion in Commons Committee Debate for a roving UK UPC Local Division – Fire Up the Battle Bus! – 29 January 2014
- CIPA/IPO Meeting to discuss representation in front of the Unified Patent Court – Part I and Part II – 28/29 January 2014
- Has Malta ratified the Unified Patent Court Agreement? – 22 January 2014
- Malta, Spain and Virgin v Zodiac: Why ignoring the Malta problem will delegate the decision to the EPO – 13 January 2014
- The unitary patent, the Spanish challenge and a costly admin error – 7 January 2014
- Proposal to amend Brussels I regulation rumbles on – 29 November 2013.
- CIPA “The UPC Needs You” webinar & other unitary patent snippets – 27 November 2013. A summary of various UPC related issues discussed after a CIPA webinar plus some other pieces of unitary patent news.
- The Unitary Patent and the UPC – CIPA seminar 19th November 2013 – 20 November 2013. Copy of slides from a CIPA seminar ipcopymark presented at. Also links to a document that discusses the Deloitte report that changed Poland’s position on the unitary patent package.
- Unitary patent package – Ratification update – 1 November 2013. A quick update on the French Bill recently introduced to allow authorisation of the Unified Patent Court Agreement in France.
- IPcopy in Washington – Part 2: AIPLA 2013 – Developments in EP patent law – 31 October 2013. Following a recent trip to AIPLA we posted some EP patent law developments that might be of interest to US colleagues. Included in the post is a section on the Unitary patent/Unified Patent Court.
- Unified Patent Court Rules of Procedure Consultation – Submissions Round-up – 2 October 2013
- Unified Patent Court – Referendum in Denmark – 2 October 2013
- Unified Patent Court Rules of Procedure Consultation – Bird & Bird Comments – 1 October 2013
- Unified Patent Court Rules of Procedure Consulation – IP Federation Comments – 30 September 2013
- The UPC Rules of Procedure: Apple, Google and Samsung join forces! – 26 September 2013
- I Am the Law – I Am a UPC Judge – 23 September 2013
- UPC Rules of Procedure Consultation Event for Stakeholders: A round-up and a few views – 9 September 2013. A more detailed look at the London event hosted by Bristows LLP in conjunction with the IPO, CIPA and the IP Federation.
- UPC Rules Consultation Event – Political wrangling/mangling – 4 September 2013
- Unitary patent package – the Ratification Game – 12 August 2013. Updated after Austria deposited their instrument of ratification.
- Unitary patent package – timeline for implementation – 8 August 2013.
- Unified Patent Court News: European Commission Adopts Proposal for Amendment to Brussels I Regulation – 31 July 2013.
- Unitary patent – the Italian Job – 19 July 2013. Update on Italy’s intentions to join the enhanced cooperation regime.
- Unitary patent package – hard-coded bifurcation revisited – 11 July 2013.
- Croatia Join European Union – 1 July 2013.
- The Official Fifteenth Draft Rules of Procedure of the Unified Patent Court – What’s new! 26 June 2013. A look at the 15th draft of the rules in comparison to the 14th version.
- The unitary patent, an opt-out and a referral to the European Court of Human Rights – 26 June 2013.
- Unified Patent Court – Rules of Procedure – Consultation open – 25 June 2013.
- Unitary patent package – Ratification – Allons-y! 21 June 2013. A short update on France’s efforts to ratify the Agreement.
- Unitary patent package – Agreement on a Unified Patent Court Republished – 21 June 2013.
- The Unitary Patent and the Fee-saving Myth: Time to put that misleading £20,000 figure back in its box, please – 19 June 2013.
- Unitary patent – Presentation from LES Meeting – 17 June 2013. My speaking notes and presentation from Licensing Executives Society meeting.
- Unitary patent package – Bits ‘n Bobs – 12 June 2013. More recent news items.
- Unitary patent – Everybody expects the Spanish Opposition! (Part 2) – 3 June 2013. Details of the further challenges to the unitary patent regulations are in this post (Actions C-146/13 and C-147/13).
- Unified Patent Court Agreement – now with Contents section – 22 May 2013. IPcopy has put together a contents section for the unified patent court agreement. Both a standalone contents and consolidated agreement can be found in this post.
- Bits ‘n Bobs: UK Unitary patent news – 17 May 2013.
- The 15th Draft Rules of Procedure of the UPC: What’s new? – 13 May 2013. Looks at the changes from the 14th to 15th drafts. Includes handy tracked-changes version of the 15th draft.
- The Queen, Ping Pong and the Intellectual Property Bill – 10 May 2013. This post includes a link to the primary UK legislation covering the unified patent court.
- Unitary patent package – the CJEU speaks – 16 April 2013. Result of joined actions C-274/11 and C-295/11.
- The Unitary Patent and Post-grant amendment – 15 April 2013. How do you amend a unitary patent?
- Unitary patent package: Updated Q&A – 10 April 2013. This is a slightly updated version of our Q&A post. The original can be found down below (dated 20 December 2012).
- The unitary patent and contributory infringement – an unforeseen advantage? – 4 April 2013.
- Unitary patent – Everybody expects the Spanish Opposition! – 28 March 2013. This post notes the new challenge to the unitary patent from Spain (some Monty Python references).
- Unitary Patent Package – Bits and Bobs – 26 March 2013. A collection of news items relating to the unified patent court.
- The Unitary Patent Package: What obstacles remain? The latest facts and rumours – 20 March 2013.
- Unified Patent Court – Sunrise provision for Opt-out requests? 14 March 2013. This post looks at the potential issue that might arise between patent owners wanting to opt out from the UPC and third parties bringing revocation actions at the UPC.
- Avoiding the unified patent court – Do our eyes deceive us? Answer: No! 14 March 2013. This is a follow up to an earlier post about the transition provisions in the unified patent court agreement.
- Bulgaria join Unified Patent Court Agreement Club – 6 March 2013.
- UPC – The Ratification Game Update – 28 February 2013. A short blog post that just updates the ratification football info graphic following the UP signing ceremony.
- Transitional provisions and the competence of the UPC: A response to Amerikat – 20 February 2013. As the title suggests this post addresses an earlier discussion raised on IPKat.
- Unitary Patent Package – UPC Agreement – 24 signatures received – 19 February 2013. The signing ceremony for the agreement on the unified patent court took place on 19 February. Details inside.
- 19th February 2013 is UPC signing day! – 18 February 2013.
- The IP Federation, the Minister and the European Scrutiny Committee – 14 February 2013. The IP Federation have written to Lord Younger asking for an economic assessment on the unitary patent system.
- Unitary Patent Package – Rules of Procedure for the Unified Patent Court (14th Draft) – 12 February 2013.
- Unitary Patent Package – The Ratification Game – 6 February 2013. This post will track the progress of ratification of the unified patent court agreement through a football themed info graphic.
- Unitary Patent Package – Timeline of events for 2013/2014 – 1 February 2013. Does exactly what it says on the tin. What we can expect to happen over the next year or so.
- Why Malta could inadvertently block your unitary patent – 25 January 2013. Malta only joined the EPC in March 2007. Will this impact on the unitary patent system? This post takes a closer look.
- Unitary Patent Package – Does Article 47(5) of the UPC Agreement hardcode bifurcation? – 22 January 2013. This post looks at how infringement actions brought by an exclusive licensee are handled. In particular, whether the defendant can counterclaim on the grounds of validity.
- Unitary patent package – final texts – 17 January 2013. The two regulations covering the creation of the unitary patent and the associated translation arrangements plus the final text of the agreement on the unified patent court. Also includes links to two documents correcting parts of the UPC Agreement. (Note: a contents section for this version of the UPC agreement can be found here and a consolidated version comprising the contents section and corrected pages can be found here)
- Unitary Patent Package – the national patent alternative – 3 January 2013. This post looks at the national filing options for applicants and in particular highlights member states of the unitary patent package that do not allow direct national phase filings from PCT applications.
- Unitary patent package – Q&A – 20 December 2012. Following the vote in the European parliament in December this post analyses the system as we know it so far.
- Avoiding the unified patent court – Do our eyes deceive us? – 19 December 2012. The unitary patent package comes with transitional provisions. This post looks at the impact on national courts.
- Unitary patent & unified patent court – 11 December 2012. IPcopymark attended the IP Summit in Brussels in December 2012. This post highlights the issues raised at the summit.
- European Union Unitary patent is a few centimetres closer – 22 October 2012. An autumn update on the progress of the unitary patent package.
2) Council of the European Union – Agreement on unified patent court [Final text]
4) Eur-lex – Regulation authorising enhanced cooperation in the area of creation of unitary patent protection