On 2 December
2021, the Austrian Parliament successfully completed the ratification of the
Protocol to the Agreement on a Unified Patent Court on provisional application
(PPA). This is another very important step towards the start of the new system.
As soon as Austria has deposited the ratification instrument, the period of
provisional application will begin in order to complete all technical and
infrastructural preparations so the new court can start and allow the entry
into operation of the Unitary Patent system.
„The imminent
completion of the ratification process by Austria is the final door opener for
the long-awaited Unitary Patent scheme in Europe. In a few months from now it
will be possible for innovating businesses, scientists and inventors to
effectively protect their new technologies with a cost-attractive patent
uniformly covering the territory of all participating EU member states“, EPO
President António Campinos said, welcoming the decision of the Austrian
Parliament.
When the final
preparatory works for the Unified Patent Court are completed during the period
of provisional application, Germany is expected to take the final and decisive
step by depositing its ratification instrument concerning the Agreement on a
Unified Patent Court (UPCA). It will trigger a period of 3 to 4 months after
which the Unified Patent Court and the Unitary Patent system will go live.
The Unitary
Patent and the Unified Patent Court (UPC) 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 the participating EU 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 protection of
inventions for patent holders simpler and more cost effective.
The UPC will be
an international court with jurisdiction for infringement and revocation
actions concerning patents granted by the EPO. This specialised court will make
the Europe-wide enforcement of patents easier, offer greater legal certainty
and reduce litigation costs. The Court is based on an international treaty, the
UPCA.