| Europäisches Patentamt

20210713

The German Federal Constitutional Court announced on 9 July 2021 the rejection
of two applications for a preliminary injunction against the German Act of
Approval to the Agreement on a Unified Patent Court (UPCA). The
decisions mark a key step towards the implementation of the Unitary Patent and
UPC.

Welcoming the announcement, EPO President António
Campinos
said: „The implementation of the Agreement on a Unified Patent Court will lead
to the most significant reform of the European patent system in nearly 50 years. Inventors, universities, European companies, start-ups and
investors are all impatient for the new system to start, because of the
benefits it will bring them. Right from the outset, it will increase legal
certainty, reduce administrative burdens and cut costs. These will all
contribute to the promotion of innovation and technology transfer, and bring
much-needed capital investment in R&D. The Unitary Patent is set to play a
vital role in helping economies rebuild after the COVID-19 pandemic.

 „The EPO is ready
to play its part in making the system a success. In view of the benefits Europe
stands to gain, we call on all participating Member States to finalise their
ratification processes, if they have not already done so.“

He added: „This major reform will provide a timely boost
to innovators in Europe, especially SMEs and university spin-outs. The response
to the pandemic has demonstrated the huge importance of technological
innovation, and this will also be critical in addressing other challenges the
world faces, including the climate emergency, and so-called Frontier
Technologies.“

The Unitary
Patent
 and the Unified
Patent Court
 are the building blocks of the Unitary Patent
package which will supplement and strengthen the existing centralised
European patent
granting
 system. They will offer users a cost-effective
option for patent
protection
 and dispute settlement across Europe’s
participating member states.

Unitary Patents will make it possible to obtain uniform patent
protection in up to 25 EU Member States by submitting a single request to the
EPO, making the procedure simpler and more cost effective for applicants.

The UPC will be an international court with jurisdiction for
patents granted by the EPO. This specialised court will make the Europe-wide
enforcement of patents a reality, offer greater legal certainty and reduce
litigation costs. The Court is based on an international treaty, the UPCA.