Tag Archives: UPC Agreement

When to file opt-out applications?

JUB - When to file opt-out applications ?

What does « opt-out » mean?
Opt-out is a request to withdraw a European patent or a published application from the jurisdiction of the Unified Patent Court (UPC).

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What is the “sunrise period”?

The deposit of the Unified Patent Court Agreement ratification instrument by Germany will trigger the Sunrise period and the entry into force of the UPCA (3 months after the start of the Sunrise period).

In anticipation of the opening of the Unified Patent Court (UPC) that is currently planned for  April 1st 2023, it will be possible to opt out existing patents and patent application from the jurisdiction of the UPC.

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UPC and the Bolar exemption

The so-called ‘Bolar exemption’ finds legal basis in EU Directive 2004/27/EC modifying Directive 2001/83/EC on the Community code relating to medicinal products for human use. Article 10(6) of EU Directive 2001/83/EC states that:

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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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The Protocol on the Provisional Application of the UPC Agreement

The Protocol to the Agreement on a Unified Patent Court on provisional application (the PAP-Protocol) was initially signed on 1st October 2015 to establish a Phase of Provisional Application (PAP)  to ensure « a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court before the entry into force of the Agreement on a Unified Patent Court ».

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