Opt-out of SPCs

Operation of the Unified Patent Court (UPC) is currently expected for 1st April 2023 (https://www.unified-patent-court.org/news/latest-state-play-view-launch-unified-patent-court), thus launching the sunrise period as soon as 1st January 2023.

During this sunrise period, it will be possible to opt-out European (EP) titles from the competence of the UPC. Opt-out will be possible for published EP patent applications, granted EP patents (without unitary effect) and Supplementary Protection Certificates (SPCs) issued for a product protected by a EP patent (A.83 UPCA).

Publication of final judges list

Unified Patent Court (UPC) Unitary Patent - Oct 20,2022 - No Comment

The Unified Patent Court recently confirmed the appointment of the 85 judges (34 legally qualified judges and 51 technically qualified judges) for the entry into force of the UPC Agreement. Gérard Myon has been appointed technical qualified judge in Physics.

Official announcement and full list available here

Double Protection between national Patent and European Patent with or without the unitary effect

Unified Patent Court (UPC) Unitary Patent UPC Competence and Opt-Out - Sep 06,2022 - No Comment

The European Patent with unitary effect (“Unitary Patent”) will be introduced soon. The final stage of the preparatory work will be accomplished by the end of this summer and the final missing ratification will then be deposited by Germany.

Creation of a European patent with unitary effect and a unified patent jurisdiction

European patent office Unified Patent Court (UPC) Unitary Patent UPC Competence and Opt-Out - Jul 08,2022 - No Comment

Damien Colombié, Industrial Property Attorney, and Camille Pecnard, Attorney at Law at LAVOIX, come back on the impact of the European Patent with Unitary Effect and the Unified Patent Jurisdiction, in page 5 and 6 of the weekly La Semaine Juridique.

To read the full article of La Semaine Juridique, click here.

Which Nationality for a patent with unitary effect?

Unified Patent Court (UPC) Unitary Patent UPC Competence and Opt-Out - May 10,2022 - No Comment

The patents’ nationality in case of joint ownership is determined by Article 7 of Regulation 1257/2012 which states:

Category : Unitary Patent

Opt-out of SPCs

Publication of final judges list

Double Protection between national Patent and European Patent with or without the unitary effect

Creation of a European patent with unitary effect and a unified patent jurisdiction

Which Nationality for a patent with unitary effect?