On 1 June 2023, the Agreement on a Unified Patent Court entered into force, introducing two new features to the European patent system: the Unified Patent Court (UPC) and the European Unitary Patent (EP-UP). The Agreement entered into force in 17 signatory countries: AT, BE, BG, DE, DK, EE, FI, FR, IT, LT, LU, LV, MT, NL, PT, SE, SI.

The Unitary Patent (EP-UP) has unitary effect in the common territory of all the countries signatory to the Agreement. The maintenance fee for the Unitary Patent is payable to the European Patent Office (EPO). In the event of non-payment of the maintenance fee, the patent will cease to have effect in all the countries signatory to the Agreement. The Unified Patent Court has exclusive jurisdiction for litigation relating to the EP-UP.

The Unified Patent Court (UPC) has automatic jurisdiction in the countries signatory to the Agreement for litigation concerning Unitary Patents, as well as national patents based on an EP patent and a published EP patent application. EP patents and published EP applications for which the proprietors/applicants file a specific request to opt-out from the jurisdiction of the UPC will be exempted from the jurisdiction of the UPC. Opt-out from the jurisdiction of the UPC for the Unitary Patent is not provided for.

Please contact Patentna pisarna d.o.o. for more information.


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