EPO-EIC online training - How to make best use of the Unitary Patent System

After the jointly organised Licensing-based business models training on 9 October 2024, with close to 500 registered participants, the EPO-EIC collaboration resulted in the development of a second targeted training for EIC beneficiaries. 

The training addressed the implications of the Unitary Patent, which became operational in June 2023, for businesses and smaller entities. About 500 registered participants learned from top IP experts and their experience with the new Unitary Patent system.

Six speakers shared their expertise in patents, IP and filing strategies, starting with the introduction into IP and the Unitary Patent by Stefan Luginbühl (EPO). The event continued with a business-focused presentation of Martin Wilming (Hepp Wenger Ryffel) outlining the pros and cons of this new type of patent protection and the different filing strategies that businesses can use to maximize the benefits and mitigate potential risks. The event continued with a deep dive into the different implications of the Unitary Patent, sharing best practices and identifying checklists for a proper drafting of agreements related to the Unitary Patent, presented by Mariella Massaro, Suvi Julin and Michael Nielsen (Berggren). Finally, the Unified Patent Court was presented by Stefan Luginbühl (EPO) together with practical considerations regarding litigation strategies by Jennifer Burdman (Sauvegarder Investment Management).

The training highlighted the clear advantages of the new Unitary Patent system, including its cost-effectiveness and administrative simplicity, which may be particularly appealing to disruptive deep tech start-ups within the EIC project portfolio. However, companies must also consider other implications, including the necessity for thorough freedom-to-operate searches or the lacking option to reduce territorial scope of the Unitary Patent once it is registered. Businesses were advised to carefully evaluate all pros and cons to make informed decisions tailored to their specific circumstances. A basic understanding of the available patent filing routes (national, PCT, European Patent or Unitary Patent), their possible combinations and the opportunities and challenges related to each of them was emphasized as a prerequisite for informed discussions with the patent attorneys and IP advisors. The event concluded by stressing the need for an articulated IP strategy. Such a strategy should focus on business objectives, capitalize on the opportunities provided by the Unitary Patent system, and ensure effective communication with both internal and external stakeholders.

For more detailed information, see the recorded session, agenda, and presentation slides linked below.