European Patent with Unitary Effect and Unified Patent Court

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Other Title
  • 欧州単一効特許と統一特許裁判所
  • オウシュウ タンイツコウトッキョ ト トウイツ トッキョ サイバンショ

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Description

The long-awaited legal framework to establish the European Patent with Unitary Effect and Unified Patent Court was concluded in February, 2013. The Unitary Patent package is composed of two EU Regulations for Unitary Patent and one Agreement for Unified Patent Court.<BR>While some users look forward to the new patent system because it is believed to be more convenient and more effective than the current European patent system, some users are concerned about the complexity and uncertainty. In order for Japanese users to become more familiar with it, this article illustrates the background of the discussion and overview of the Unitary Patent package.<BR>Unlike the classical European Patent, which is so-called “the bundle of national patents,” the Unitary Patent will bring a unitary effect within the territory of all the participating member states and it seems to become an efficient tool if an applicant needs to acquire the patent protection in many states in Europe. However, the procedure of the Unitary Patent from filing to registration will be done before the European Patent Office, based on the European Patent Convention. Thus, the examination process of the Unitary Patent, basically, will not be different from that of the classical European Patent.<BR>The Unified Patent Court is a new centralized patent litigation system in Europe and will have the exclusive jurisdiction for any infringement cases and revocation cases of both the Unitary Patent and the classical European Patents after the 7 years or 14 years of transitional period. The Unitary Patent and Unified Patent Court are hoped to become one of the useful tools for Japanese users who run the business in broad areas in Europe as well as European users.

Journal

  • JAPAN TAPPI JOURNAL

    JAPAN TAPPI JOURNAL 67 (9), 1010-1017, 2013

    JAPAN TECHNICAL ASSOCIATION OF THE PULP AND PAPER INDUSTRY

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