Unitary Patent & Unified Patent Court
APTMA’s position on the UPC
The Unitary Patent (UP) and the Unified Patent Court (UPC) are significant developments in the European business landscape that present a further opening of the European market to Irish businesses.
The Unitary Patent provides patent owners with an opportunity for significant cost savings by removing the need to validate and maintain patents individually in each member state that is party to the Unified Patent Court. In other words, a patent owner can achieve patent protection via the Unitary Patent in the UPC member countries at a lower cost as compared to obtaining the same geographic coverage of patent protection under the current system.
The UPC also presents the opportunity for Ireland to establish itself as a global innovation hub and for Ireland to reap the benefits that will flow from allowing innovators to enforce their rights on “home ground” in an Irish Court, against copycat competitors who are based throughout Europe.
The UP and UPC system started on 1 June 2023 however Ireland is not yet in a position to join in the UP and UPC system because there needs to be a referendum to enable Ireland to ratify the relevant Agreement. The Irish government has introduced the ‘UPC’ Bill in the Dail setting out the proposed amendment to the Constitution necessary for Ireland to join in the UP and UPC system. The referendum is due to be held in June 2024.
The Association of Patent and Trade Mark Attorneys (APTMA) acknowledges and welcomes the good work done by all involved in government and opposition and welcomes their appetite to:
i) participate in the Unitary Patent (UP) and the Unified Patent Court (UPC);
ii) to hold the necessary referendum; and
iii) host a local division of the UPC.
To achieve these aims, and to maximise their benefit, APTMA is urging the Irish government to:
· Undertake the work needed to establish a Local Division of the UPC in Ireland in advance of the referendum; and
· Establish mechanisms to engage with stakeholders, particularly in relation to technical matters and how such matters will impact Irish innovators and businesses.
APTMA is the professional representative body that interacts with the greatest proportion of users of the patent system in Ireland and has significant insight into the needs of the users of the patent system, including SMEs. Hence, APTMA is a crucial stakeholder in any conversation about the UPC in Ireland.
Resources:
Overview of the UP and UPC - The start of the Unitary Patent (UP) and The Unified Patent Court (UPC) system started 1 June 2023.
UP/UPC Information for Innovators - What do the Unitary Patent (UP) and The Unified Patent Court (UPC) mean for Irish innovators? - Frequently Asked Questions designed to help Innovators