Current status of the Unitary Patent System: legislative implementation, Brexit’s effects and expected commencement of its application

This document describes the complex path followed by the «unitary patent package» since its approval.1. Preamble
As is well known, the European patent with unitary effect («EPEU») system is set out in three texts which form the «‘unitary patent package»: (a) Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection; (b) Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements; and (c) the Agreement on a Unified Patent Court («UPC Agreement»), signed by twenty-five of the Member States of the European Union in early 2013…