Unitary patent is legally and technically ready, says EPO
The European Patent Office (EPO) has confirmed that the unitary patent is legally and technically ready to go into effect once the final few countries have ratified the associated court agreement.
Issues surrounding the renewal fees and how they are distributed between national intellectual property offices and the EPO, and other budgetary and financial rules, were finalised today, December 15.
Benoît Battistelli, president of the EPO, said: “This is a hugely significant occasion for the European patent system. With the adoption of these rules today, the preparations for the unitary patent are complete.
“We are now legally, technically and operationally ready to deliver the unitary patent. The only remaining step is the opening of the Unified Patent Court (UPC) and the finalisation of the ratification process at national level,” he added.
Graham Burnett-Hall, partner at Marks & Clerk Solicitors, said the EPO’s announcement is a welcome step.
However, he added: “There still remains the nitty gritty of setting up the IT system, completing the training and appointment of the judges, and providing the necessary support administration.
“It will be a challenge to complete all this in 2016, but it still looks like there is a very good chance the UPC will be opening its doors for business at the beginning of 2017,” he added.
For the UPC to begin operating, at least 13 countries, including France, Germany and the UK, must ratify the UPC Agreement. So far, eight, including France, have completed this step.
