Photo by Matthias Zomer on Pexels
FRKelly, a leading specialist in intellectual property law is warning businesses to prepare and familiarise themselves with the new rules. The new EU Unified Patent System, which came into force last month, is designed to simplify pan-European patents for companies, allowing them to apply in a single country for patent protection across 17 participating EU member states.
Considered the most important reform in the history of the European patent system, it allows patent-holders pay for a single unitary patent that covers those member states rather than individual patents across Europe, saving them time and money. The agreement also facilitates the establishment of the Unified Patent Court to oversee the enforcement of those patent rights.
However, Ireland is among the member states that have signed up but have yet to ratify the agreement, along with Cyprus, Czech Republic, Greece, Hungary, Romania and Slovakia.. Before the introduction of the new agreement, patents had to be validated in individual countries, a costly and time-consuming process.
Paul Keane, European patent attorney, Irish patent agent and partner at FRKelly, said: “Effectively, European patents became a bundle of national patents which worked independently. Typically, you would validate patents in the main jurisdictions like France, Germany and the Netherlands. Once you did that, it became a national patent in France, Germany and the Netherlands. To enforce that, you’d have to take multiple actions if you wanted to enforce your intellectual property rights in Europe.
“The main drawback of the system is that it is very expensive to do this validation step. It wasn’t uncommon that different courts and different jurisdictions gave conflicting decisions.”
But while the new system eliminates that complexity, it also makes it easier to challenge the new unitary patents. The move to the new unified patent system means that it can be easier for patents to be challenged, as it would only need to be challenged in one of the member states in which the system is recognised.
“If you have a unitary patent covering 17 countries, it only takes one action to revoke that patent,” Mr Keane explained. “If you had the classical system, and you had patents in multiple jurisdictions, if somebody challenged the validity of that patent, they would have to go into each jurisdiction.”
Some 17 EU member states have signed up already to the new body, including France, Germany and Belgium. Individuals and companies filing European patents will have the option to select the new unitary patent that covers those 17 states at the grant stage. The current system and the new one will coexist for several years, Mr Keane said, for a transitional period.
Landmark Technologies, an Irish provider of IT and cybersecurity services, has announced the results of…
MARC, a Dublin-based AI company, is changing how large real estate portfolios manage contract and…
Learnovate, a leading global future of work and learning research hub in Trinity College Dublin,…
Annual venture capital funding into Irish tech SMEs fell for the first time last year…
Kingspan has announced the opening of applications for the 2026 Kingspan Kickstart Sports Fund (Kickstart),…
Azul, the only company 100% focused on Java, today announced the results of its 2026…
Irish Tech News are Ireland’s No. 1 Online Tech Publication and often Ireland’s No.1 Tech Podcast too.
You can find hundreds of fantastic previous episodes and subscribe using whatever platform you like via our Anchor.fm page here: https://anchor.fm/irish-tech-news
If you’d like to be featured in an upcoming Podcast email us at Simon@IrishTechNews.ie now to discuss.
Irish Tech News have a range of services available to help promote your business. Why not drop us a line at Info@IrishTechNews.ie now to find out more about how we can help you reach our audience.
You can also find and follow us on Twitter, LinkedIn, Facebook, Instagram, TikTok and Snapchat.