Firms warned on new patent rules across 17 EU states

However, Ireland is among the member states that have signed up but have yet to ratify the agreement, along with Cyprus, Czech Republic, Greece, Hungary, Romania, and Slovakia. To establish a local division of the court, Ireland would have to hold a referendum, but a date has yet to be set for that.

“Effectively, European patents became a bundle of national patents which worked independently. Typically, you would validate patents in the main jurisdictions like France, Germany and the Netherlands. Once you did that, it became a national patent in France, Germany and the Netherlands. To enforce that, you’d have to take multiple actions if you wanted to enforce your intellectual property rights in Europe,” said Paul Keane, a partner at law firm FR Kelly & Associates.

But while the new system eliminates that complexity, it also makes it easier to challenge to the new unitary patents. The move to the new unified patent system means that it can be easier for patents to be challenged, as it would only need to be challenged on one of the member states in which the system is recognised.

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