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The Unified Patent Court and Unitary Patent – Introduction

Overview

Consistent progress has been made towards the establishment of a unitary patent right (UP) across most countries in the EU. 26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish this new right, which will be enforceable via a new court system - the Unified Patent Court (UPC).

The UPC will provide an exclusive court for all decisions involving the UP and would also have jurisdiction over European patents which have not been opted out of its jurisdiction (such opt-out being available to patentees up to a date 7 years from the introduction of the new court, although this could be extended, after which all new EPs would be under the exclusive jurisdiction of the UPC).