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46th Annual IP Institute: European Unitary Patent System (UPS) and Unified Patent Court (UPC) … Key Considerations for U.S. Applicants and Patentees
The Unitary Patent and Unified Patent Court are expected to come into force in the coming months. How does this long-in-the-waiting change affect filing and enforcement strategy for U.S. companies? As with most things there are pros and cons to choosing the new patent system. The UPS can be used to cover many EU countries in one patent application with fewer fees which potentially offer a significant reduction in costs, depending on which EU states you pursue protection in and for how long. Applicants will still have the option to use the current European grant procedure (equivalent to a "bundle" of separate European national patents). The UPC will allow enforcement across most of the EU in a single action with potentially significant reduction in costs. But this benefit may be at substantial risk of a single central revocation action with effect across the same territories. How do you weigh the pros and cons of each process? Our panel of experts will evaluate the strategic considerations in navigating the key considerations.
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