The Unitary Patent and UPC – Implications for the pharmaceutical sector

Abstract

Intellectual property, and particularly patents, are an essential commercial tool for companies involved in drug discovery. The European patent system is about to undergo one of its largest changes for a generation, involving the establishment of a European unitary patent and Unified Patent Court (UPC). The new system will usher in a new European patent right (the unitary patent) which will have unitary effect across participating member states. A new court system (the UPC) will be established to handle litigation of not only the new unitary patents, but also European patents that are validated nationally in participating member states. The new system brings many potential advantages to patent holders and third parties. However, there is significant uncertainty, drawbacks and potential risks that patent owners will need to consider when deciding whether to use the unitary patent system. This article will explore some of the factors that organisations in the pharmaceutical sector should consider in advance of the new system coming into effect.