The Unified Patent Court and Unitary Patent system is set to launch on June 1, 2023, following years of preparation. While the new system is, as of now, untested and without its own substantive law, it has enormous potential to reshape patent law globally given its extensive jurisdiction over revocation and enforcement actions across 17 European Union member states, including some of the largest patent forums including Germany and France, but notably excluding the United Kingdom and Spain.
Patent holders, challengers, and licensees need to give immediate thought to strategies for maximizing their competitive positions in this new, untested forum. In part two of our two-part series, we identify a set of strategic considerations surrounding the Unified Patent Court’s “opt out” process. For an overview of the Unified Patent Court, part one of the series is available here.
Ropes & Gray’s IP litigation and IP transactions groups are closely monitoring the launch and stand ready to advise clients regarding Unified Patent Court and Unitary Patent strategy, in collaboration with our top-tier European partner firms.
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