Why we get the European Patent Courts?

At present, unified patent protection on a Europe-wide basis is available only by way of European patents, which are granted by the European Patent Office (EPO) on the basis of the European Patent Convention (EPC). After being granted, the European patent breaks up into a bundle of national property rights. As a consequence, annual fees have to be paid separately for each country designated in the European patent. A further disadvantage is that in many countries (for example Italy and Spain) the European patent has to be entirely translated into the relevant national language.

EU court proceedings

Changes for the patent owner?

In future it will be possible to apply for unified European patents which have the same effect in all EU countries at the European Patent Office (Spain is excluded from this decision up to now).The intention of this is to provide a system of administering and maintaining patents that is more cost-effective for the applicant. European patents can then be enforced by way of a unified legal system within the European Union (EU). Enforcements will no longer be managed individually in each member state. This legal system will consist of European patent infringement courts especially set up for this purpose and based in London, Paris, Munich and Luxembourg.

When will the courts start?

Your contact partners

Ditmar Neumann
Dietmar Haug

The different property rights

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