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Prepare for the UP

07. maj 2018

On 25 May 2014 the Danish people voted yes to participate in the European Unitary Patent System (UP), but even though four years have passed, the UPC has not become a reality yet.

We are waiting for the other countries to confirm their participation and even though the UK has just joined, we are still waiting for Germany. It is expected that the UP will be initiated in 2019, but the personal opinion of Partner and European Patent Attorney, Jesper Mark Wenzel, at Chas. Hude is that it will not be initiated until 2020 (or late 2019).

Do not wait for the UP to become a reality. Even though you file a European patent application before the UP enters into force, you will still be able to benefit from the UP – the only criterion is that your patent is not granted before the UP enters into force.

So bottom line is, you should not postpone filing of your European applications on account of the UP.