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Unitary Patent Day 2023

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June 7, 2023
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UPC
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Today is Unitary Patent day!

In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of patents on a Wednesday, and so today is the first day in which patents are actually granted that can be the subject of a request for unitary effect to become a Unitary Patent in the participating 17 EU countries. It has been possible to file such requests in advance (since the beginning of January 2023) but they cannot take effect before today.

EIP has filed some requests for unitary effect already, and we expect to file more over the next few weeks. The Register shows that 650 requests for unitary effect have been filed already; none granted yet.

Don't forget that if the patent is granted in English, a translation into any official EU language must be filed as well. The language does not have to be of a country participating in the Unitary Patent system, so Spanish is a popular choice, especially if the European Patent will be validated in Spain as well.

Recent Case Reports

See all Case Reports

Replacement parts and the value of asserting a narrower claim combination
17 July 2026
The UPC's Düsseldorf Local Division found that Wessper's cartridges indirectly infringed Brita's patent, and that a narrower claim combination can turn a consumable into an essential element.
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Late Applications for Provisional Measures Refused for Lack of Urgency
14 July 2026
In Ericsson v ASUSTeK, the Milan Local Division refused a provisional measures application filed 21 months into the case, finding continuing infringement and rising losses alone do not establish urgency.
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UPC revokes provisional injunction on motorbike helmet intercoms system
29 June 2026
The UPC Local Division Milan revoked Cardo's provisional injunction against Reso, ruling its helmet intercom products fall outside the scope of EP4240194, neither literally nor by equivalence.
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