since 2023 Intellectual property protection in Europe has changed more than it has in decades. Here you will find the most important innovations at a glance - each with a detailed article.
Timeline
| Date | What happened? |
|---|---|
| 1. June 2023 | Start from Unitary Patent and Unified Patent Court |
| 10. October. 2023 | EPA, G 1/22 and G 2/22: Presumption of priority entitlement |
| 1. Nov. 2023 | EPA is eliminating the “10-day rule.”: Notices delivered electronically will be deemed given on the day on which they are delivered |
| 26. Feb. 2024 | First landmark decision of the UPC Court of Appeal (NanoString ./. 10x Genomics) |
| 1. Apr. 2024 | EPA: Fee reduction for small businesses, natural persons and non-profit organizations |
| 11. June 2024 | BGH, DUST: An AI cannot be an inventor |
| 1. Sept. 2024 | Romania joins the unitary patent system (18 States) |
| 14. Feb. 2025 | The EU Commission is withdrawing the SEP regulation back |
| 25. Feb. 2025 | EuGH, BSH ./. Electrolux: Cross-border infringement lawsuits |
| 1. More 2025 | New EU design law (Union designs) |
| 18. June 2025 | EPA, G 1/24: Always use the description to interpret the claim |
| 2. July 2025 | EPA, G 1/23: Market products are state of the art |
| 1. Ten. 2025 | Geographical information for crafts- and industrial products |
| 19. Jan. 2026 | EU regulation on Compulsory licenses in crises comes into force |
| 6. March 2026 | First submission of the UPC to the ECJ (Dyson ./. Dreaming) to “long-arm” responsibility |
| 24. Sept. 2026 | The Bundestag decides Modernization of the design law |
The five most important consequences for companies
- Europe-wide enforcement has become easier – via the UPC and to BSH ./. Electrolux also before national courts. Conversely, the risk increases, to be sued in one place for all of Europe.
- The description counts: EPA, BGH and UPC interpret claims uniformly in the light of the description. Registrations must be formulated correctly from the start.
- Register first, then show: Every product sold is state of the art – even if it cannot be replicated.
- AI inventions are patentable, But people remain inventors. Document human contributions.
- Design is going digital: Virtual products, Animations and 3D printing files are now captured.
Further current case law: Equivalent patent infringement before the EPG · Collection of patent law decisions
What do the changes mean for your intellectual property rights?? Our patent- and lawyers review your portfolio and strategy. Arrange initial consultation or call: 0511 35 73 56-0.
General overview, no legal advice in individual cases. Stand: November 2026.
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