The objective of this video presentation is to provide an overview of the unitary patent system in terms of filing strategies, searching for information and statistical analysis of data. A patent is a legal and technical document that claims a new and inventive solution to a technical problem and is granted by a patent authority. A new patent system, the Unitary Patent, has been created in Europe. Based on the classic European patent system, this new system has been designed with the objective of resolving the fragmentation that occurs in the post-grant phase, reducing costs and complexity for users. Furthermore, the creation of the Unified Patent Court provides a solution to the litigation system, offering a cost-effective option for users of the patent system seeking patent protection and dispute settlement across Europe. The unitary effect is feasible for all Member States that are engaged in enhanced cooperation and for which the Agreement on a Unified Patent Court (UPCA) has been ratified on the date of registration of the unitary effect. On September 1, 2024, Romania became the eighteenth member state of the European Union to adopt the Unitary Patent System, having ratified the UCPA. The Agreement has been signed by Cyprus, the Czech Republic, Greece, Ireland, and Slovakia but not yet ratified. It is possible that they may ratify it at any time. Moreover, it is noteworthy that the EU Member States of Croatia, Poland and Spain, which have not yet signed the UPCA, retain the option to accede to it at any time. The ratification and accession of the Agreement will result in the advent of a new generation of Unitary Patents, given that the territorial scope is not retroactive.

An introduction to the unitary patent system

Barbieri M.;
2025-01-01

Abstract

The objective of this video presentation is to provide an overview of the unitary patent system in terms of filing strategies, searching for information and statistical analysis of data. A patent is a legal and technical document that claims a new and inventive solution to a technical problem and is granted by a patent authority. A new patent system, the Unitary Patent, has been created in Europe. Based on the classic European patent system, this new system has been designed with the objective of resolving the fragmentation that occurs in the post-grant phase, reducing costs and complexity for users. Furthermore, the creation of the Unified Patent Court provides a solution to the litigation system, offering a cost-effective option for users of the patent system seeking patent protection and dispute settlement across Europe. The unitary effect is feasible for all Member States that are engaged in enhanced cooperation and for which the Agreement on a Unified Patent Court (UPCA) has been ratified on the date of registration of the unitary effect. On September 1, 2024, Romania became the eighteenth member state of the European Union to adopt the Unitary Patent System, having ratified the UCPA. The Agreement has been signed by Cyprus, the Czech Republic, Greece, Ireland, and Slovakia but not yet ratified. It is possible that they may ratify it at any time. Moreover, it is noteworthy that the EU Member States of Croatia, Poland and Spain, which have not yet signed the UPCA, retain the option to accede to it at any time. The ratification and accession of the Agreement will result in the advent of a new generation of Unitary Patents, given that the territorial scope is not retroactive.
2025
Unitary patent
EP patent
Industrial property
Intellectual property
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11311/1288426
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