IP services / Unitary Patent and UPC strategy
HORAK · INTELLECTUAL PROPERTY
Unitary Patent and UPC strategy
Choose European patent coverage and litigation strategy together. We assess unitary effect, conventional European patent protection and the relevance of the Unified Patent Court (UPC) to a portfolio or dispute.
Decide on coverage at grant
Unitary effect must be requested within the applicable short post-grant period. It offers uniform protection in the participating states covered by that registration; it does not automatically extend to every EU or EPC state. Conventional validations may still be needed in other countries.
Consider central enforcement and central risk
UPC proceedings can have consequences across several countries. A central injunction may be commercially valuable, while a successful revocation action can affect broad territorial protection. Jurisdiction, transitional rules and any valid opt-out must be assessed for the particular patent and dispute.
Coordinate the portfolio
A decision about unitary effect should consider competitors, licensing structures, ownership and renewal management. For eligible conventional European patents, the availability and consequences of an opt-out require an individual review. Unitary Patents cannot be opted out of the UPC.
Three practical examples
Illustrative situations; outcomes depend on the facts and the applicable law.
01
A business wants consistent protection in its core participating markets: we compare unitary effect with separate validations.
02
A patent owner receives a cross-border infringement allegation: we check forum, scope and immediate procedural deadlines.
03
A purchaser acquires an EP portfolio: opt-out records and ownership history form part of the due-diligence review.
What to prepare
Patent numbers, grant dates, ownership documents, validations, opt-out history and countries relevant to the dispute.
How we approach your matter
01 · Assess
We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.
02 · Agree
We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.
03 · Act
We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.
Further information
Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.
International filing strategy · Portfolio review · IP disputes
Discuss the next step
Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.
Hannover headquarters · Advice for German and international businesses · Our offices
Enquire about unitary Patent and UPC strategy
Request advice on unitary effect, European patent coverage or UPC strategy. The patent number, grant stage and intended markets help us focus the review on your next decision. All fields are optional.