EU Patent Reform: 12 Key points

The proposed reform of the EU patent system made headlines in December 2012 when a new patent system covering 25 of the 27 EU Member States was agreed to after more than 50 years of discussion. This advisory explains the background and outlines 12 key points of the new system, namely: what has been agreed; when can I get a "unitary patent"; what is the "unified patent litigation system"; do I have to participate in the new systems; what are the advantages and disadvantages of the unified patent litigation system; where will the courts be; will the European Court of Justice (ECJ) be involved; how long will litigation take; what about evidence; who isn't participating; and why and will the reforms save patentees money?