The majority of EU member states have signed the final agreement required to create a new EU patent system. This represents the most dramatic change in the European patent landscape for 40 years.
The proposals mean that you will be able to obtain a new European Patent with Unitary Effect across all participating member states. There will also be a new Unified Patent Court to hear all infringement and revocation cases concerning Unitary Patents. There are a number of motive forces aimed mainly at reducing the cost of acquiring patents in Europe and the complexity involved.
This creates a patent environment similar to the US which has a similar market size. Nevertheless, there will be a time of uncertainty for businesses in the short term as we start to see how the system works in practice.
Businesses need be considering how they might benefit from these fundamental changes, and how to address new risks that the new regime may bring.
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