Unitary Patent: too early to judge


Anton Pfau and Ulrich Blumenröder

The question is not whether German attorneys like it. The question is, rather, what they can expect. Anton Pfau and Ulrich Blumenröder explain.

Everybody is searching for clarity about the Unitary Patent, but what we read today may be outdated in a week.

It transpires, however, that for those concerned with patent prosecution, there will be hardly any change. Applications will be handled as was any European Patent application in the past. The applicant needs to make its first decision on the Unitary Patent upon grant of the European Patent. 

Then the applicant has to decide whether to have the European Patent validated as a Unitary Patent or only for those countries which would otherwise be covered by a Unitary Patent.

Unitary patent, Germany