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On December 11, 2012, after 30 years of negotiation, the European Parliament voted to create a Unitary Patent System that will apply throughout the EU. This new system will fundamentally impact how global companies develop and enforce their intellectual property portfolios. The new system provides a lower cost patent process with EU-wide enforcement jurisdiction, a significant change to the current system where innovators enforce their patents on a country-by-country basis, often with variable results. In macro terms, the new system can empower innovators to block competitors throughout the EU and U.S. – which represent over 40% of the world’s GDP – with only two patents in two enforcement proceedings. During this seminar intellectual property partners Edward Kelly, Charles Larsen, Richard McCaulley will focus on structural highlights of the new system and potential implications for patent portfolio development, litigation, licensing and due diligence practices relevant to medical device companies.
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