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Update: the Unified Patent Court and Unitary Patent

Overview

This note summarises the latest position regarding the Unified Patent Court ("UPC") and Unitary Patent ("UP") system, and considers the issues that Brexit poses to the establishment of that system.

The UPC will be a specialist court with first instance divisions in Paris, Munich and London and an appeal court in Luxembourg, set up to hear disputes in relation to European patents and so-called unitary patents (discussed further below). Whilst the UPC and unitary patent are two distinct initiatives, they are closely related insofar as they are together aimed at making the process of obtaining and enforcing a patent with pan-European coverage simpler and less costly.