European Patent Reform

The IP market has traditionally centered on the United States. It remains a key jurisdiction, but change is in the air. With the forthcoming unitary patent system, the European Union may be about to become the epicenter of global patent litigation. The new court will mark a seismic shift in global patent litigation. Assuming all goes as planned, the major difference is that patent owners are going to have the ability to file a single lawsuit that will control almost the entire EU [aside from Spain].

The EU is a market size that is equivalent to the United States. Instead of going to each individual country's national courts, which is what you have to do today, you'll need only one lawsuit. A game changer for patent litigation and it isn't too soon for clients to start positioning and thinking about how to optimize for the split.

Morag MacDonald is an IP attorney with Bird & Bird, based in the UK.