On this page you will find the answers to some frequently asked questions about the UPC.

General questions

1) What does the new patent system imply?

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2) When will the new patent system enter into force?

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3) Which countries will participate?

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4) Will the UPC and the new unitary patent affect my agreements, e.g. licensing agreements?

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Questions about the unitary patent

5) What is a unitary patent, and how will it differ from a European patent?

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6) How do I apply for a unitary patent?

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7) What fees will be payable for a unitary patent?

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8) Will a unitary patent have to be translated into the languages of the countries where it is to apply?

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9) Is there any difference between the new system and the current system with regard to provisional protection, i.e. protection before the patent is granted?

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10) Will supplementary protection certificates also be covered by the new system?

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11) Will the rules on double patenting be affected by the new system?

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Questions about the Unified Patent Court (the UPC)

12) What are the implications of the UPC?

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13) How will the UPC be structured?

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14) What will it cost to bring a case before the UPC, and will it be more cost effective than the existing system?

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15) Will any court fees be payable for bringing an action before the UPC?

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16) What are the possibilities of recovering costs before the UPC, and what is the risk of being ordered to pay costs if the other party prevails?

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17) Will legal aid be available before the UPC?

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18) How does the opt-out scheme work?

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19) I have a European patent – should I opt out of the UPC system?

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20) Which patents will be covered by the new patent system?

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21) Will actions against Danish nationals and businesses have to be brought in Denmark under the new system?

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22) How will proceedings before the UPC differ from proceedings before the Danish courts?

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23) What will be the language of the proceedings?

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24) How long will an action take?

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25) Which judges will participate?

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26) Who will be eligible to represent the parties before the UPC?

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27) Will the UPC also have competence to hear applications for provisional measures in the form of preliminary injunctions?

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28) Which laws will the UPC apply?

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29) What will be the procedure for preservation of evidence before the UPC?

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30) Will licensees be entitled to bring an action?

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31) Is there a risk of the UPC establishing infringement of a patent before its validity has been established?

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UPC - Unitary Patent Court

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