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The Unitary Patent System From An SME’s Perspective

By Klaus Haft

Today, patents in Europe provide for national protection on a country-by-country basis. For the future, a Unitary Patent with unitary effect throughout the territory of the participating Member States is under preparation, which will co-exist with today’s system. To enter into force, among others the Agreement on a Unified Patent Court (UPCA) needs to be ratified by 13 EU member states, including France, the United Kingdom and Germany. France and 13 other states have already ratified the UPCA. The ratifications by the United Kingdom and Germany are still outstanding and Brexit as well as a German Constitutional Complaint are currently adding complexity and delaying the start of the new system. 

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