ARTICLE
2 November 2022

Unitary Patent System Expected In The Spring Of 2023

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Inventa

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Inventa is a leading Intellectual Property Law Firm, specialized in the protection and internationalization of trademarks, patents, industrial designs, copyright and domain names. With over 50 years of experience in Portugal, the European Union and all the African jurisdictions, Inventa has served thousands of clients holding large trademark and patent portfolios, and other entities dealing with R&D daily. Furthermore, our experience allows us to understand the caveats of the different industries since we maintain relationships with clients from different sectors, including food and beverages companies, communications, IT, pharmaceuticals, manufacturers, oil & gas companies, financial institutions, business services companies and more. Our headquarters are based in Lisbon, Portugal, and we also have offices in Angola, Mozambique, Nigeria, Cape Verde, Sao Tome, East Timor and Macao.
During this morning's session (October 4, 2022) of the Patent Knowledge Week, an annual event that aims to help all innovation professionals in matters associated with patents, the EPO brought new information about the entry into force of the UPS.
European Union Intellectual Property
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During this morning's session (October 4, 2022) of the Patent Knowledge Week, an annual event that aims to help all innovation professionals in matters associated with patents, the European Patent Office (EPO) brought new information about the entry into force of the Unitary Patent System. It is expected to start in April 2023, the same year that the European Patent Convention (EPC) celebrates 50 years.

The Unitary Patent System is intrinsically linked to the creation of the Unified Patent Court (UPC) and the ratification of the UPC Agreement by Germany, the final condition for the UP system to start its activities, is expected to occur at the end of December 2022. After the ratification, a transitional period of 3 months (Sunrise period) will allow applicants to file early requests for unitary effect, as well as requests for a delay in the issuing of the decision to grant a European patent.

The Unitary Patents will allow inventors to obtain uniform patent protection in up to 25 EU member states by submitting a single application to EPO, therefore, being a cost-effective and less complex option to broaden patent protection in Europe. Also, the pre-grant procedures remain unchanged and the application will be searched and examined under the high-standard rules of the EPC.

Originally published October 4, 2022

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