On 1 June 2023, the Unitary Patent came into force. As a reminder, protection can be obtained with one (granted) patent in all 17 EU countries that have joined the Unitary Patent system. So far, these are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.

One can also choose to stay with the old system, by submitting an "opt out request". In the previous newsletter, I announced that I would write about the pros and cons of the UPC. Herewith: 

Advantages of the UPC may include:

1. More efficient administration of justice: The UPC will provide a central forum for patent litigation in Europe, hopefully creating uniform and consistent jurisdiction. This will hopefully increase efficiency and reduce litigation costs.
2. Reduce 'duplication’ of proceedings: The current patent system in Europe requires patent holders to enforce their rights in each individual country. With the UPC, a single procedure is sufficient to enforce or challenge a patent in several member states, reducing 'duplication' of proceedings.
3. Expertise and specialisation: The UPC consists of specialised judges with extensive expertise in engineering and patent law. This will hopefully lead to better and consistent decisions.

 Disadvantages of the UPC may include:

1. Loss of national sovereignty: The UPC is a central authority for patent disputes, which means national courts lose some of their jurisdiction in this area. This may lead to concerns about loss of national sovereignty. There is also talk about the lack of control, as the UPC does not have jurisdiction to hear post-appellate decisions. It is a parallel system to (and therefore not aimed at) the European legal system.
2. High costs: Although the UPC aims to reduce legal costs, some critics argue that it is more expensive than the current system. Especially for smaller companies, the cost of accessing the UPC will be a significant barrier.
3. Potential inequality: Concerns have been raised about the potential impact of the UPC on different businesses and industries. Some fear that the UPC could be more favourable to large multinational companies, while smaller companies or individual inventors could be disadvantaged.

So it remains to be seen how the UPC develops. The first cases have already been filed, we look forward to the case law! And I will keep you posted on this.

Moïra Truijens

28 June 2023