Tag Archives: Unified Patent Court

5th conference on the Unitary Patent and the Unified Patent Court

The 5th conference on the Unitary Patent and the Unified Patent Court, organized annually by Premier Cercle in association with the EPO, was held in Munich on July 5, 2017.

First, an overview over the state of advancement of the implementation of the Unitary Patent and the UPC from a technical, legal and financial point of view was given by a member of the Committee in charge of the Implementation of the Unitary Patent Protection. It appears that the implementation is completed at all levels, and that the system is ready to launch as soon as the ratification process has been completed.

This overview was followed by a discussion on the selection of the judges for the UPC. The first round of selection is now completed and 236 candidates were selected among initially 841. These candidates will now be interviewed individually to select a total of 100 judges, among which 50 technically qualified judges and 50 legally qualified judges. The overall impression conveyed by the Chairman of the Advisory Panel on the Selection and Training of Judges for the Unified Patent Court, Sir Robin Jacob, was that the quality of the candidates was very promising.

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UPC – Timetable Update

The UPC’s Preparatory Committee released an update (https://www.unified-patent-court.org/news/upc-timetable-update-june-2017 ) yesterday confirming the expected delays for the entry into operation of the UPC Agreement.

The Committee confirms that the entry into operation of the UPC will not take place in December 2017 as predicted, due to delays in several countries, especially in England, concerning the finalisation of national procedures for the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application.

We monitor the issuance of the new timetable that the Committee is to publish.

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Opt-Out

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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Unified Patent Court Website

Unified Patent Court Website

 

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