Get the most out of the new European patent system
UNITARY PATENTS & UNIFIED PATENT COURT
With the entry into force of the Unitary Patent (UP) and the Unified Patent Court (UPC),
EP applicants are confronted with new choices that - while presenting great opportunities - also entail risks that should not be overlooked.
Request a consultation by completing the form
Our European Patent attorneys will advise on which strategy to adopt:
- Request an EP with unitary effect
- Validate a classical EP
- Or a combination of both
Unitary Patent, European Patent Validations or both?
During the seven-year transitional period (extendable to 14) that starts from Germany´s ratification of the UPC agreement, EP applicants will have the following options:
- Request unitary effect upon grant of an EP
- And / or validate their EP the “classic” way
Discover your options for the sunrise period.
Remember: A combination of both options is possible, i.e., to request unitary effect for your EP while also validating the classical way in countries that are not covered by the Unitary Patent (e.g., the United Kingdom, Switzerland or Spain).
- Opt-out individually or in bulk the EPs of your choice (published or already granted).
- Request a delay in issuing the publication of the mention of grant of a European patent (Rule 71(3) EPC).
-> available from January 1, 2023 (despite the postponement of the sunrise period)
- Request early unitary effect
-> available from January 1, 2023 (despite the postponement of the sunrise period)
Ensure that the unitary effect of your EP shall be required before the UPC starts.
Strategies
The coexistence of the current EP validation (EPV) system with the new UP / UPC system
offer various strategic opportunities.
Keep your stars out
Keep your stars (i.e., most valuable patents) out of the UPC's jurisdiction. Opt out your most valuable EPs during the sunrise period.
Avoid central revocation.
Diversification
Opt out some and leave in some of the stronger as well as the weaker patents for each product family. Pursue a hybrid approach that is more difficult to counter.
Effective dissuasion.
Wait and see
Opt out the entire portfolio for the time being and then choose the most appropriate battlefield (UPC or national courts) before initiating lawsuits.
No risk of central revocation, maximizes forum-shopping opportunities.
Increased visibility
Request (early) unitary effect for your patents, validate in EPC countries where operation is planned (e.g., the United Kingdom or Spain).
Scope over most EU territories at a reduced cost, a single pan-European action can be implemented.
Services à la carte
European Patent
Validation
Unitary
Patent
“UPC opt-out"
(individual or in bulk)
Our experts can guide you through the options.
Your benefits
Digital solution
A single digital portal to obtain cost estimates and place your orders for unitary effect requests, UPC opt-outs and / or EP validations.
Our experts
Multilingual patent attorneys with the skills and qualifications (litigation certificate) to represent you for all actions before the UPC.
European footprint
Representation in all EPC and UPC jurisdictions directly via our Dennemeyer offices and audited preferred agents.
See more
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Bulk
opt-out
Our integration with the official UPC API allows our UPC team to quickly submit hundreds of opt-out requests to the UPC with just a few clicks.
Portfolio Management
App
Are you already a client of Dennemeyer for patent renewals?
Use our Portfolio Management App to select the EPs you want to opt out and request a cost estimate.
UP / EPV
App
Effortlessly obtain a cost estimate and place your order to Dennemeyer for EP validation, a unitary effect request (including the requested translation) and / or an opt-out (individual opt-outs only).
Olga Capasso
Patent Attorney (IT, SM)
European Patent Attorney with Patent Litigation Certificate (CEIPI)
Dr. Massimo Galluppi
European & Italian
Patent Attorney
Patent litigation diploma
(CEIPI)
Dr. Anthony Carlick
European Patent Attorney
Chartered Patent Attorney (UK) Patent Litigation Certificate (IPREG)
Dr. Paola Pace Napoleone
Patent Attorney (IT, SM)
European Patent Attorney
with Patent Litigation
Certificate (Politecnico di
Milano)
Valeria Ghirardi
Patent Attorney (IT)
European Patent Attorney
with Patent Litigation
Certificate (Politecnico di
Milano)
Dr. Mathieu Buchkremer
Patent Engineer
Elisa Turri
Patent Attorney (IT, SM)
European Patent Attorney
with Patent Litigation
Certificate (Politecnico di
Milano)
Stéphane Speich
Patent Attorney
(BE, LU, FR)
Patent Assessor (DE)
European Patent Attorney with Patent Litigation Certificate (CEIPI)
NEW EPISODE - Unitary Patents and the UPC
with Dr. Anthony Carlick, European Patent Attorney and Chartered Patent Attorney (UK) at Dennemeyer & Associates, and James Denner, Business Development Manager at the Dennemeyer GroupThe long-awaited Unitary Patent and Unified Patent Court are just around the corner and promise to revolutionize the innovation scene in the EU. On the runup to launch, patent owners and applicants need to consider all the options available to them and take immediate action to fulfill their filing strategies. Discover the opportunities and challenges surrounding this groundbreaking development!
White paper with the main FAQs
Your guide to the future of innovation in Europe
The European patent landscape is set to change – radically and quickly.
The upcoming Unitary Patent system and associated Unified Patent Court (UPC) have been the spring from which rivers of ink have flowed for several decades. This paper will address the most critical questions regarding Unitary Patents and the UPC to allow you to make the best-informed decisions for your business.
Booklet
Collection of relevant legislation
With the upcoming Unitary Patent and associated Unified Patent Court (UPC), we will see a change in how Intellectual Property is protected throughout Europe.
Mr. Stéphane SPEICH (European Patent Attorney at Dennemeyer, Patent, Trademark and Design Attorney Patent litigation diploma (CEIPI)) has made a collection of all relevant legislation available in English, French & German languages so that everyone can access it easily and free of charge - download it today and make informed decisions for your business!
