Companies have long demanded an easier way to protect and enforce their patents in Europe without the cost and inconvenience of separately filing and enforcing their patents in each European state. In 2013, 25 European Union states signed a multilateral treaty proposing a new European patent with unitary effect and a unified European patent court (the Unified Patent Court or UPC). Both are designed to promote homogenous patent protection across participating EU states, so companies can protect their patent rights with greater predictability and efficiency.
This consolidated system, however, raises the stakes of litigation. For example, a continent-wide injunction can jeopardize a company’s entire European market. Therefore, companies must be aware of these significant changes and effectively prepare for the new European patent regime.
