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Informations & guidance
The new EU patent makes it possible to obtain protection in all participating member states of the European Union with a single application to the European Patent Office. This simplifies the procedure immensely for applicants. “Bundles” of national patents within the EU will be eliminated.
But what needs to be considered regarding unitary patents? Which aspects have to be taken into account for existing contracts or when concluding new ones? And what will apply to German patents in the future?
The following articles will give you a first overview of the legal framework and the essential features of the EU patent. We will be happy to clarify your questions in a personal meeting. We look forward to hearing from you!
The Unitary Patent
The costs of a Unitary Patent and a classic European patent are identical from filing to grant. However, depending on the number of desired countries in which the granted patent is to be maintained, the costs may differ substantially between a Unitary Patent and a bundle of corresponding validated national patents. So the question is, at what point is a Unitary Patent more favorable than a classic European patent?
A topic that does not immediately come to mind in relation to the Unitary Patent System is whether the introduction of the Unitary Patent is to be taken into account in the context of negotiating patent-related contracts. This includes classical license agreements as well as R&D agreements, consortium agreements and other agreements comprising provisions on the creation or use of patents.
In addition to the European patent with unitary effect (Unitary Patent), which also develops protection in Germany, the existence of a national German property right remains, which will presumably play an even more important, flanking role in the future. According to the previous regulation of the IntPatÜG concerning the European bundle patent, if the subject matter of a German patent …