Will Small and Medium Enterprises (SMEs) profit from the new Unitary Patent (UP) system and the Unified Patent Court (UPC)? Although it was certainly the idea, observers have disputed this and particularly warned that litigation under the new system exposes SMEs to enormous risks. There is now formal recognition they have a point: the European…

The creation of the Unified Patent Court (UPC) means that there will finally be a judiciary to control the very strong executive power of the European patent system, the European Patent Office, Jens Schovsbo, Professor at the Centre for Information and Innovation Law of the University of Copenhagen, told Kluwer IP Law in an interview. According…

Prompted by the upcoming Unitary Patent (UP) and Unified Patent Court (UPC), a group of European patent attorneys decided in 2013 to create the European Patent Litigators Association (EPLIT), ‘promoting fair patent litigation in Europe’. Kluwer IP Law spoke to its president, Koen Bijvank. ‘It is unpredictable how the market for patent litigation will change…

The countdown to the new Unitary Patent system has begun. The Unified Patent Court is expected to open its doors at the start of 2017, preceded by a provisional phase in 2016 for the practical set up of the Court and the recruitment of judges and staff. Not only European patent specialists are preparing, companies…

The lack of provisions on Supplementary Protection Certificates (SPCs) is seen as a major flaw in the new Unitary Patent (UP) system. Initiatives have been taken to address this issue and recently the European Commission put it on its action list. Why doesn’t the UP Regulation include a provision for SPCs? Anja Lunze, attorney at…

Now that Italy has changed its mind and joined, Spain has become the only EU member state to stay out of the Unitary Patent (UP) system. How good or bad is this for the country and its companies? And will anything change because of the CJEU’s rejection of the Spanish complaints against the UP on…

Draft rules for the Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC) will be discussed during the next meeting of the UPC Preparatory Committee on 19 October 2015. Together with these rules, a Memorandum of Operation will be introduced regarding the proposed legal and operational structure of the Centre. Sam Granata,…