Unitary Patent and Unified Patent Court

The Unified Patent Court (UPC) is a proposed common patent court which is open for participation to the member states of European Union only. The Court is to be established by the Agreement on a Unified Patent Court. The agreement will into force on the first day of the fourth month after satisfying three predefined conditions, which are as follows –

  1. Brussels I Regulation amendment entry into force.
  2. Ratification by 3 states with most European patents in effect in 2012 (presently France, Germany, United Kingdom)
  3. Ratification or accession by at least 13 states

As on date a total of 14 states have ratified the agreement. The UPC when set up will have jurisdiction to hear cases regarding infringement and revocation EU patents valid in contracting states. A single ruling of UPC will be directly applicable throughout the territories of the contracting states.

Siddhant Sharma

Siddhant is a Patent and Intellectual Property lawyer. He finds joy in exploring and writing about niche areas of law. He is finding better ways to describe the patent profession to a five-year old and a sixty-five year old.

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