36 LAWYER MONTHLY NOVEMBER 2024 The introduction of the Unitary Patent System marks a pivotal shift in European patent law, offering significant advantages for small and medium-sized enterprises (SMEs) in the life sciences sector. Ian Bryan, a seasoned patent attorney and founder of Assimilate IP, emphasises that this new framework enables SMEs to navigate patent protection more effectively across multiple jurisdictions. This article explores the key differences between traditional European patents and the new unitary system, highlights the impact on patent strategies for SMEs, and provides essential insights on managing patent portfolios and licensing agreements in a competitive landscape. Can you explain how the unitary patent system differs from traditional European patents, and what advantages it offers for companies operating across multiple jurisdictions? The Unitary Patent System, which came into effect in June 2023 with the introduction of the Unitary Patent (UP) and the Unitary Patent Court (UPC), is the most significant development in European patent law in decades. It is hailed as a great success, with more than 36,000 UPs registered by the European Patent Office (EPO) by October 2024 and more than 500 cases initiated before the UPC. The System aims to provide a simpler, cheaper process for the validation and renewal of European patents, and, by means of a centralised court, gives legal certainty in patent disputes. ‘Classical’ European patents are granted by the EPO and provide the proprietor with a bundle of national patents that must be validated in each of the member states in which the patent is to take effect. This is an expensive and complex process, involving many national patent offices, translations, and costly renewal fees. Furthermore, patent disputes such as enforcement or revocation actions must be brought before national courts, with each court’s decision only having effect in that state. This leads to parallel litigation across member states, which is extremely expensive and unpredictable, as the different courts may come to conflicting decisions. The UP (or European patent with unitary effect) overcomes these problems by enabling proprietors to obtain uniform patent protection for all territories of the EU Member States participating in the system (currently 18) more simply and at a greatly reduced cost. Instead of having to validate their European patent in several states, proprietors can file a single request for a UP with the EPO, which acts as a centralised office to administer the process and fee payments. The renewal fees for a UP are also greatly reduced, the total cost of maintaining the patent for 10 years being less than €5,000. The UPC is a supranational court set Ian Bryan An Interview with... Unlocking Opportunities: How the Unitary Patent System Benefits Life Sciences SMEs
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