The Unitary Patent (UP) system is a planned future system for patent protection within (part of) the EU. Under the system, unitary effect can be requested for European patents which have been granted by the European Patent Office (EPO). A patent with unitary effect, or Unitary Patent, is intended to provide protection in up to 26 EU Member States and will not have to be validated in every single state. A Unified Patent Court (UPC) will have exclusive competence in respect of Unitary Patents (as well – after a transitional period – in respect of traditional European patents).
Less than three weeks before the planned opening of the Unified Patent Court, a message has been published on its website as a reaction to problems with the content management system, which apparently isn’t able to cope with the growing inflow of opt-outs. Proprietors who don’t want their patents to fall under the UPC need…
Around 200 judges, patent litigators, patent attorneys, other patent experts, representatives of scientific institutions and companies, government officials, The Hague mayor Jan van Zanen and Dutch minister of Economic Affairs and Climate, Micky Adriaansens, attended the opening ceremony of the Dutch local division of the Unified Patent Court today in The Hague. Minister Adriaansens stressed…
‘The patent community lives today after many dark years in the sunrise period in which owners of patents have to decide if after June 1st, they want to be on the sunny beaches of the UPC or prefer to live another 7 or 14 years in the dark forests of national patent litigation.’ Those were…
The Unified Patent Court has announced that starting 29 May 2023 external users will be able to practice entry into force (EIF) functionalities on a dedicated CMS platform. The environment will be the same as the current sunrise practice CERUS, on which the EIF functionalities will be activated. There is no end date for the…
After years of preparation, the European Union’s draft legislation for a sweeping reform of the existing legal regime on supplementary protection certificates (SPCs), which includes the establishment of a centralized SPC filing and examination procedure as well as the introduction of a unitary SPC, has finally been published today on April 27, 2023. This draft…
The Unified Patent Court has designated the presiding judges of the central, local and regional divisions, as well as presiding judges of the relevant panels of the Court. By decision of the UPC’s presidium, which was published yesterday, the following judges were designated: Central division PARIS: Ms Florence Butin Central division MUNICH section: Ms Ulrike…
The start of the Unitary Patent system ‘is a big event with big economic consequence. Europe could reconstitute their economic relevance’ around it, says John White, Special Counsel of law firm Harness IP in the US. In an interview he told Kluwer IP Law not everybody seems aware yet about the upcoming game changer, but…
It is totally unacceptable to strip the competencies of the third seat of the central division of the Unified Patent Court now that it will not go to London but most likely to Milan. Lorenzo Montanari, executive director of the Property Rights Alliance (PRA), has said this in an interview with Kluwer IP Law. Last…
The Unified Patent Court is struggling once more with technical issues. In the meantime, the registrar has stated he cannot give legal advice on the UPC’s opt-out procedure. Two days ago, the court announced that technical maintenance was needed due to technical difficulties, and that the CMS would not be available for three days –…
The Registrar of the Unified Patent Court has provided information on most commonly identified issues regarding the sunrise functionalities of the Court’s CMS. According to the Registrar, former chairman of the UPC’s preparatory committee Alexander Ramsay, three weeks into the sunrise period approximately 1500 applications to register as a representative before the Court have been…
