It is a European patent whose scope of protection covers the countries of the European Union that have ratified the Agreement on a Unified Patent Court. Under the previous system, this effect had to be validated and upheld in each of the selected countries separately, and in the case of court proceedings, separate proceedings had to be carried out for each country. The unitary patent provides protection in 17 countries with reduced costs of maintaining protection, and additionally, court proceedings, regardless of the number of countries where the infringement occurred, will be pending before one court, i.e. before the Unified Patent Court.
The procedure is divided into three stages: written, supplementary and oral.
In the written part, each party may refer twice to each of the issues discussed during the proceedings. The whole thing lasts up to 8-9 months.
In supplementary proceedings, the Court establishes a list of witnesses and evidence to be conducted and considers the possibility of concluding a settlement. The court may additionally oblige the parties to submit additional explanations, a summary of the position or to send the indicated documents. It is also a preparatory period for the trial and lasts up to 3 months.
Oral proceedings are hearings where witnesses are questioned, evidence is collected and the parties’ positions are summarized. The judgment is issued up to 6 weeks after the hearing.
AOMB Polska provides services related to the registration of a European patent on a unitary product. In the case of legal patents that have been validated, we help with opt-out applications. The Law Firm may also represent the client before the Unified Patent Court.