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The Unified Patent Court and the Unitary Patent

Navigating the new EU patent system

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Optimism from the EPO and UPC Preparatory Committee on UPC start date; EU JURI Committee report highlights continuing challenges

Despite positivity from the EPO and UPC preparatory committee on the speed with which the Unitary Patent package (the Unified Patent Court and unitary patent system) can be implemented once a favourable decision is given by the German courts on the constitutional complaint, there remains much to do to get the UPC started, not least a decision on whether the UK can remain part of the system post-transition.

The "EU Patent and Brexit" report commissioned by the European Parliament reviews the positions of the UK Government, the European Parliament, the CJEU and the European Council on options for the UPC at the end of the Brexit transition period and whether the UK can remain a member - in the process revealing that there is still much to resolve. 

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The Unified Patent Court (UPC) and the Unitary Patent (UP)

Now the UK has ratified the UPC Agreement and more than 12 other Contracting states have also ratified, Germany's ratification is all that stands in the way of the UPC becoming a reality.

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