Win Big Or Lose Big: The Impact Of The Unified Patent Court

Decades after it was first mentioned, the updated European patent system – which includes the Unitary Patent and the Unified Patent Court – has finally materialized. What impact will this have on originator and generic pharma?

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This year has seen the biggest change to European commercial legislation since the European Commission was established. In June, the Unitary Patent (UP) was introduced alongside the Unified Patent Court (UPC) within which those patents can be challenged or defended. The UPC has exclusive jurisdiction over new UPs, as well as “classic” European patents that have not been ‘opted out’ of – in other words, withdrawn from – the new system.

This UP and UPC system changes the landscape of European patent law by saving companies time and money. After a European patent is granted, the patent proprietor can request unitary...

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