Get prepared for a breathtaking fall sunrise

Unified Patent Court (UPC) Unitary Patent - Mar 31,2017 - No Comment

In practice, the UPC Agreement setting up the UPC is to enter into force the first day of the fourth month after the deposit of the thirteenth instrument of ratification or accession, including France, Germany and the UK.

As a further unforeseen development of the setting up of the UPC, the United Kingdom voted “Brexit”. This Brexit has become more tangible as the UK has notified withdrawal from the EU under article 50(2) of the Treaty on European Union on March 29, 2017.

Despite the great uncertainties created by Brexit, rumors say that the UK is willing to ratify the UPC Agreement in spring 2017. Besides, Germany is apparently prepared to do so in summer 2017. This would trigger start of the UPC at the end of year 2017 or the beginning of year 2018.

Before start of the UPC, these ratifications would trigger immediate entry into force of the Protocol to the UPC Agreement signed by the Contracting Member States on October 1^st, 2015.

The UPC has to be fully operable at the date the UPC Agreement enters into force.

News from the Final Preparatory Committee of the UPC

Unified Patent Court (UPC) - Mar 21,2017 - No Comment

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).

Opt-Out

UPC Competence and Opt-Out - Mar 17,2017 - No Comment

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.

UPC: Background & Overview

Unified Patent Court (UPC) Unitary Patent - Mar 03,2017 - No Comment

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.

European Patent Convention

Sources & Links - Feb 23,2017 - No Comment

Link to the European Patent Convention