Art 1 of the Protocol to the Agreement on a Unified Patent Court on provisional application provides that the following articles of the Unified Patent Court Agreement shall enter into provisional application upon the entry into force of that Protocol: arts 1-2, 4-5, 6 (1), 7, 10-19, 35 (1, 3 and 4), 36-41 and 71 (3) of the Agreement and arts 1-7 (1), 7 (5), 9-18, 20 (1), 22-28, 30, 32 and 33 of the Court's Statute. The Protocol came into force on 19 Jan 2022 pursuant to art 3 (1) of the Protocol following the deposit by the Austrian government of its instrument of ratification of the Protocol.
The news is likely to be welcomed by businesses around the world - including some in the United Kingdom - that hold European patents designating Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden. That is because the Agreement is expected to reduce the cost of patent litigation in those countries. It will be a significant factor when determining where to carry on research and development and the UK may lose investment as a result.
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