News from the Final Preparatory Committee of the UPC

On March 15, 2017, the Final Preparatory Committee of the UPC met in the Hague.  Mr. Brunner who attended the meeting as a Representative of the French Ministry of Justice made a few comments in a conference organized on the next day by the Association of French Patent Attorneys (CNCPI).

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The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions.

The Unified Patent package creates a unitary effect for European patents all over the  states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, the same EP patent will have the same effects in all the states that ratified the UPCA and where said patent has been validated.

It also creates a single court (the Unified Patent Court – UPC) having jurisdiction for such European patents with unitary effect.

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UPC: Background & Overview

After two unsuccessful attempts to create a “Community Patent” in 1973 and 1989, the European Commission finally tabled the unitary patent proposal in 2011. (See European Parliament website for more information).

The system was supposed to be operational during the first semester of 2017, but due to the importance of the UK in the system, the “Brexit” referendum in June 2016 delayed its entry into force. Stakeholders now wish that it takes place before the end of 2017.  

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European Patent Convention

Link to the European Patent Convention

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Unified Patent Court Website

Unified Patent Court Website

 

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