The unitary patent system provides a single patent covering multiple EU states and a single system of jurisdiction. This contrasts with the current system in which a "European patent" granted by the European Patent Office represents a bundle of individual national patents, so that litigation of the patent may require consideration of infringement and validity by multiple different national courts. The unitary patent is expected to simplify the grant and enforcement of European patents, and to significantly reduce costs of both translation and litigation.
Twenty-four EU member states signed the agreement in Brussels yesterday, and it will enter into force once it has been ratified by the UK, France, Germany and any ten other participating EU countries, but no earlier than 1 January 2014.
Applicants will be able to request a unitary patent as soon as the legal provisions have entered into force. Optimistically, the Council of the EU indicated that the first unitary patents could be granted as early as Spring 2014, although it remains to be seen whether the ratification process will be completed so quickly.
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For further detail please see our website http://www.mewburn.com/news/2013/02/8825 and the article in our recent newsletter http://www.mewburn.com/upload/enews/2013_1/MEWSNEWS_JANUARY_2013.pdf
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