Major Change Ahead For European Patent Law

It could be 2016 before it’s fully implemented, but it sounds like the kind of change that will affect strategies long before it’s operational. DLA Piper attorney Dr. Markus Gampp calls it “the biggest game-changer in European patent law in history.” What he’s referring is being called the “European Patent with Unitary Effect,” and it, along with the establishment of a single Unified Patent Court that covers all member states, will fundamentally change the patent regime in Europe. Although it’s already possible to get patent protection in Europe through a so-called European Patent, both validation and enforcement must be undertaken state jurisdiction by jurisdiction. “The UPC,” Dr. Gampp says, “will make it possible to enforce, attack and defend a patent before one single court, with effect for all participating member states.” This means, for example, that by way of single legal action in one court, a party could get an injunction against an infringing product valid across all participating member states in the EU, instead of having to make the effort state by state.