The UK will not be part of the UPC. The Office of Prime Minister Boris Johnson has confirmed this to IAM-Media. According to the website, spokesperson Baylee Turner stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by…

The Court held that it had no jurisdiction to grant fortification of a cross-undertaking for damages where the injunction had been discharged. Further, the Court held that even if it had jurisdiction to do so, the evidence as to Napp’s financial position did not justify fortification of the cross-undertaking. Case date: 15 April 2019 Case number:…

It’s been almost four years since the United Kingdom voted to leave the European Union and debates started among patent specialists what consequences this would have for the UK’s role in the Unitary Patent system. Last Friday the Brexit finally became a reality and on Monday prime minister Boris Johnson gave a speech on the…

President António Campinos of the European Patent Office, the Chair of the EPO Unitary Patent Select Committee and members of the UPC Preparatory Committee met today to discuss the implementation of the Unitary Patent package. According to an EPO report, the meeting “came after the judge in charge of a complaint that had been lodged…

A post on the new guidelines for examination of the European Patent Office tops the list of most popular articles of the Kluwer Patent Blog in 2019. The enduring social problems at the EPO led to a series of well read blogposts as well; the leadership change at the organisation has unfortunately not led to…

The Supreme Court held that the Court of Appeal was entitled to treat the judge’s failure to appreciate the logical consequence of a particular finding as an error of principle which allowed an appellate court to carry out its own evaluation. Therefore the Court of Appeal was entitled to interfere with the trial judge’s assessment…

The jurisprudence of the Court of Justice for the European Union is not excluding the possibility to allow a non-EU Member State forming part of the UPCA. This is one of the conclusions in ‘EU Patent and Brexit’, a research paper which was requested by the European Parliament’s Committee on Legal Affairs and commissioned, overseen…

The Supreme Court handed down its judgment on 23 October 2019, marking the end of a 13-year struggle between the inventor, Prof Ian Shanks, and Unilever for compensation in relation to an invention relating to disposable glucose monitoring equipment. The judgment of the Supreme Court provides valuable guidance on the matters to be taken into…

On 9 October 2019, the Court of Appeal dismissed an appeal against the finding that a patent directed towards ceramic compounds was sufficient and allowed two procedural appeals on issues of liability. Anan Kasei and Rhodia (“Rhodia”) are respectively the proprietor and exclusive licensee of a patent for ceric oxide compounds for use in catalytic…