HSF feature article in PLC Magazine on the UPC and unitary patent (part 1)

Herbert Smith Freehills' European IP team have authored a feature article The UPC and the unitary patent: a choice for businesses, published in the March 2022 edition of PLC Magazine, on the impact of the UPC and unitary patent system now likely to commence at the end of 2022 or early in 2023 (pdf available here).

The two part series examines how this new European patent system will work, what businesses need to do to prepare for it and why they need to act now in order to protect their business from its impact and take advantage of what it has to offer.

In Part 1 we look the new patent choices the UPC and unitary patent system will provide for prospective patentees, including whether to request unitary status for their EPs (the unitary patent). We look in detail at unitary patents - how to obtain unitary status and the transactional issues surrounding unitary patents, including applicable law of property, and co-ownership issues. We also set out the timeframe to the start date for the UPC, explain where the UPC and unitary patents will have effect and suggest what businesses should be doing now.

Part 2 (to be published in the April 2022 edition) will review the risks and opportunities of the new court system, including jurisdictional choices and key considerations for opting patents out of UPC's jurisdiction, and the importance of advance assessment of licensing terms and ownership and its impact on patentee choice in terms of fora. We will also explain the structure of the court and where cases will be heard, and some of the key procedural issues, as well as discussing costs, court fees and the appointment of judges.