The CJEU has cleared the way for the Unified Patent in its recent decisions C-146/13 und C-147/13 rejecting complaints of Spain against the new patent system. The Unified Patent with unitary effect in the whole EU territory is shortly to be introduced. It will enrich the area of patent litigation by its new enforcement options. Henceforth judgments based on the unified patent can be enforced across the whole EU renouncing the yet mandatory plurality of infringement proceedings in the individual European countries. Companies should already now prepare for the new system, irrespective of whether they have a large European Patent portfolio or whether they become potential targets for the simpler enforcement actions across the EU.
Johannes held the below accessible presentation Unitary Patent & Unified Patent Court on 22 July 2015 at the IP Summer School of the University Bonn.