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1 2022

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The European patent with unitary effect. Opportunities and limitations for innovative projects

Rubisz Szymon

Organizacja i Zarządzanie : kwartalnik naukowy

2022

nr 1

113--126

Introduction/background: in 2023 organizations can apply for a European patent with unitary effect in 25 European Union countries. The system brings many simplifications to obtaining protection, but it also comes with some limitations. Aim of the paper: the aim is to explore the possibilities and limitations that a European patent with unitary effect can potentially give to organizations concerning the innovative solutions they obtain within their projects. Materials and methods: this paper uses the formal and dogmatic method typical of legal sciences. It examines the international and EU laws and legal literature. Results and conclusions: the procedure of obtaining a unitary patent will be faster, simpler, and cheaper, as translations into the official languages of all granting countries will no longer be necessary. A Unified Patent Court will be one institution to decide patent cases, so a unified and consistent line of jurisprudence can also be expected. However, there are some significant flaws in the system – there is complicated construction, peculiar language discrimination in registration and court proceedings, the problem of equal access to the court, and arguments about the system's cost-effectiveness, mainly for entities from rich and technologically advanced member states. Taking advantage of the unitary patent will require a rethink, increased vigilance, and caution from innovation project managers, as well as a calculation of potential gains and losses.