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A Single Patent for All of Europe and a Central Patent Court? Already Realities

A Single Patent for All of Europe and a Central Patent Court? Already Realities

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Just in time for Children's Day, the dreams of many adult inventors came true!

From 1 June 2023 they will no longer have to apply for a patent for their invention in each European country separately but can obtain one patent for the whole of Europe. What's more, they can bring infringement claims against their existing "classic" European and new "Unitary" Patents before a single, specialised court.

The Unified Patent Court Agreement is coming into force today, and although the Czech Republic is waiting to ratify it, it will also affect Czech inventors and research organisations based in the Czech Republic. Not only can they apply for the European Unitary Patent with effects in 17 European countries where ratification has already taken place (e.g. Germany, France,Italy), but they no longer have to litigate their patent rights in parallel before several institutions.

The Unitary Patent system also has a number of disadvantages. For example, it does not allow the patent to be abandoned in countries where it has not met commercial expectations and where the payment of annuities has become unreasonable, and the possibility of geographically limiting the effects of the transfer of the patent is removed. These and other pros and cons will need to be considered when planning a patent strategy.

By Hana Cislerova, Associate, JSK Law firm, PONTES

 

Czech Republic Knowledge Partner

PRK Partners, one of the leading Central European law firms, has been helping clients achieve their business objectives almost 30 years. Our team of lawyers, based in our Prague, Ostrava, and Bratislava offices, has a unique knowledge of Czech and Slovak law and of the business environment. Our lawyers studied at top law schools in the United States, United Kingdom, Switzerland and elsewhere. They also have experience working for leading international and domestic law firms in a number of jurisdictions. We speak your language, too. Our legal team is fluent in more than 15 languages, including all the key languages of the region.

PRK Partners has one of the most experienced legal teams on the market. We are consistently rated as one of the leading law firms in the region. We have received many significant honours and awards for our work. We represent the interests of international clients operating in the Czech Republic in an efficient way, combining local knowledge with an understanding of their global requirements in a business-friendly approach. We are one of the largest law firms in the Czech Republic and Slovakia. Our specialised teams of lawyers and tax advisors advise major global corporations as well as local companies. We provide comprehensive legal advice drawing on our profound knowledge of local law and markets.

Our legal advice delivers tangible results – as proven by our strong track record. We are the only Czech member firm of Lex Mundi, the world's leading network of independent law firms. As one of the leading law firms in the region, we have received many national and international awards, in some cases several years in a row. Honours include the Chambers Europe Award for Excellence, The Lawyer and Czech and Slovak Law Firm of the Year. Thanks to our close cooperation with leading international law firms and strong local players, we can serve clients in multiple jurisdictions around the globe. Our strong network means that we can meet your needs, wherever you do business.

PRK Partners has been repeatedly voted among the most socially responsible firms in the category of small and mid-sized firms and was awarded the bronze certificate at the annual TOP Responsible Firm of the Year Awards.

Our work is not only “business”: we have participated on a longstanding basis in a wide variety of pro bono projects and supported our partners from the non-profit sector (Kaplicky Centre Endowment Fund, Tereza Maxová Foundation, Czech Donors Forum, etc.).

Firm's website: www.prkpartners.com

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