Category : Unified Patent Court (UPC)

The final rules for the European Patent Litigation Certificate are being adopted on 15th June 2022

Article 48 of the Agreement on the Unified Patent Court (UPCA) defines the obligation for parties to be represented before the Unified Patent Court (UPC).

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Which Nationality for a patent with unitary effect?

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

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The opt-out and its reversibility

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UPC and opt-out : definition, advantages and drawbacks

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 encompassing the states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, an EP patent with unitary effect will have the same effects in all the states that ratified the UPCA and where said patent has been validated.

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How to select the European Patent with the unitary effect (Unitary Patent)

Unitary Patent a unique protection for 17 states in Europe

With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon.

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