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Beyond The Legalese

A Unitary European Union Patent Arrives in 2014

7/9/2013

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For many years, the European Union consolidated some (but not all) of the patent operations for its member-states.  Patent applicants may apply for a patent in a central EU office that would also provide an initial examination.  But to obtain the actual patent, applicants must then apply for the patent in that country and pay all associated fees.  This expensive and cumbersome process will undergo significant reform beginning in 2014 when the unitary EU patent process begins operations.  Trademark operations have been consolidated in the EU for many years.

Patent litigation in the EU is also conducted on a country-by-country basis and similar efforts are underway to consolidate this process in a single forum.  On Feb 19, 2013, ministers from 23 EU states signed the new agreement establishing a Unified Patent Court for the EU.  Full implementation will take a number of years but when established, a centralized patent litigation system will apply to the entire EU.

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