The Unified Patent Court in Europe

The Unified Patent Court in Europe

The European Commission proposed yesterday to complete the legal framework for Europe-wide patent protection by updating EU rules on the jurisdiction of courts and recognition of judgements (the so-called “Brussels I Regulation”) with changes that will prepare the way for the Unified Patent Court as a specialised European patent court -that was created last february and will enter into force once ratified-; amendments to the Brussels I Regulation are proposed to clarify how its jurisdictional rules will work in the context of the Unified Patent Court, as well as how should it be applied in relations between the Member States, Parties to the Unified Patent Court Agreement and the Member States not party to the Agreement.

The Unified Patent Court will have specialised jurisdiction in patent disputes, avoiding current need of multiple litigation cases in up to 28 different national courts, cutting costs and leading to swift decisions on the validity or infringement of patents, which is believed to boost innovation in Europe. It will simplify procedures and lead to quicker decisions, avoiding divergent outcomes with high quality decisions regarding disputes concerning both future unitary patents and current “classical” European patents for all states where said patents are valid.