Community patent right - Unified patent court – Inaday

Unified patent court

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The pros and cons of the unified patent court

Together with the possibility to gain a unitary patent, valid in 25 countries of the European Union, it will also be possible to take legal proceedings regarding a unitary patent at one central court. The verdict of this court will be binding for all 25 countries. The community patent right will have its head office in Paris, but also local offices in the different countries. In case you want to appeal the final verdict, you may do so with the patent court office in Luxembourg.

The pros and cons unified patent court

The advantages of the community patent right can often also be seen as its disadvantages, depending on the specific situation.

  • A first benefit is that you can go to one court to get a verdict for 25 countries. Up until now, separate proceedings had to be taken in each separate country, which costs a lot of time and money. This first advantage is, however, also a disadvantage in case of losing the law suit. This then will also be valid in all 25 countries. When having to file law suits in the separate countries, there might be a chance that the law suit will be lost in one country but won in the other. Strategically, this can make for some advantages.
  • A second benefit of a law suit with one single court is lower costs and relatively little time the law suit will take. However, not every attorney can act in the community patent right. An attorney has to meet additional demands, unspecified as of yet. It might be that you will have to hire a special lawyer, at an equally special hourly rate.
  • A third disadvantage, which sometimes can be an advantage, is that the validity of a unitary patent can be appealed at just one court. Is the patent maintained, this is valid for all countries, but if the patent is limited or even annulled, this is also valid in all countries.

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