The future of the Unitary Patent package as seen by the EPO:

Written by Louise AMAR 13 July 2016

News on the ratification-Bulgaria

Benoît Batistelli, the EPO’s president published this week a communiqué on the future of the Unitary Patent package following a conference hosted by the EPO in Munich.

It appears that the participants were eager to find ways for the Unitary Patent package to go ahead and enter into operation as soon as possible. Benoit Batistelli highlighted in his communiqué that “at a time of economic challenges and significant budgetary constraints for companies, businesses should not be denied the economic advantages and cost savings offered by the Unitary Patent package”.

Another trend common to the event organised in Paris by the UJUB and the conference organised in Munich by the EPO was the  hope that “political leaders will listen to the pleas of the user community to go ahead with the Unitary Patent package”, especially as the UPC will be ready to begin operating once the necessary ratifications of the UPC Agreement are obtained.

Panel discussions among business representatives also  confirmed that “users are by and large happy with the envisaged implementation, including renewal fees, the Rules of Procedure of the Unified Patent Court, and other decisions of the UPC Preparatory Committee”, while a panel discussion among renowned patent judges showed that “future UPC judges will be well prepared for the challenges and that proceedings can be expected to be handled in the most efficient way”. It appears therefore that the expectations in Paris and in Munich for the UPC were very high and that users are eager to see the UPC in action.

Different scenarios for the best way to proceed with the Unitary Patent package were therefore addressed . According to the EPO,  the best case scenario would see the UK going ahead as soon as possible with the ratification of the UPC Agreement. This would allow the UK afterwards, in its EU exit negotiations, to obtain its continuous participation both in the Unified Patent Court and the Unitary Patent.  In fact, as discussed in Paris, “with the UK having brought the system into operation by ratification and having participated in the system from the beginning, it is possible that Member States may allow the continued participation of the UK , even after the ‘Brexit’ takes effect”. The EPO’s president noted however in his communiqué that, even if the UK were not to take part in the Unitary Patent package, there seems to be “a clear feeling in the international user community that the system would remain sufficiently attractive for many”.

Finally, the EPO expressed in its communiqué its support for the UPC, and “stands ready not only to register the first Unitary Patents, but also to assist as much as possible in finding appropriate solutions in the interest of our user community and our Contracting States.”

With Theresa May becoming the new UK Prime Minister today in the UK, one can hope that the UPC will be on her agenda in the coming months.




Similar posts

Comments are closed.

Advocate General



Article 83




Brussels I Regulation




Court Fees



Draft Rules of Procedure

e-Filing prototype

Entry into Force


EU Legislation

EU Regulation 1257/2012

EU Regulation 1260/2012

European Commission

European Parliament

european patent

European Patent Convention





Interim Measures


Key dates

Legal certainty

Legal framework



Malta Problem


Mock Trial


Oral Procedure

Order for inspection

Order to preserve evidence


Patent Attorneys

Patent Cooperation Treaty

patent regime

Patent Trolls


Preparatory Committee

Protective Measures

Protocol on Privileges and Immunities of the Unified Patent Court

Protocol to the Agreement on a Unified Patent Court

Provisional Application phase

Provisional Measure

Public Consultation

Recoverable Costs

Renewal Fees



Spain v Council of the EU

Start of Proceedings

Summaries and Guides


Supplementary Protection Certificate


Trade Secrets


Transitional period



UK rat

unitary effect

Unitary Patent

Unitary Patent Protection

United Kingdom

UP overview


UPC Agreement

UPC Appeals

UPC Austria

UPC Candidate Judges

UPC Case Management System

UPC Code of Conduct

UPC Competence

UPC Conference and Workshops

UPC Denmark

UPC Divisions

UPC Draft Rules Procedure

UPC France

UPC Languages

UPC News

UPC operational

UPC overview

UPC Preparatory Committee

UPC Procedure

UPC Ratification

UPC Sources

UPC Sources of Law

UPC structure

UPC Timetable