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).
The Senate or ‘Eerste Kamer’ of the Parliament in the Netherlands approved the Unified Patent Agreement on 28 June 2016 without discussion. Two weeks ago, the Dutch Second Chamber, ‘Tweede Kamer’, had already ratified the UPCA. It isn’t clear when the Netherlands will complete the formal procedure by depositing its instrument of ratification with the General…
How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in. According to Wouter Pors of Bird & Bird, a new scenario has come up to…
With many others, the European IP community is in shock after yesterday’s UK referendum. Though polls had indicated it was impossible to predict whether ‘Remain’ or ‘Leave’ would prevail, somehow it was difficult to believe the UK would really turn its back on the European Union. For European patent specialists, it is hard to accept that…
A Brexit would be harmful for Europe and a Unitary Patent system without the UK would be less appealing for Europeans as well as Americans and Asians. Most industries cannot afford that their products are only marketed in the UK and not in the other 24 UPC countries, so the system may still be quite…
If a European Patent has been licensed to licensees in different European countries, opting out of the Unified Patent Court might be preferable to keep these licenses separated as far as possible, according to Peter Chrocziel. He is partner in the Intellectual Property practice of Freshfields in Munich and co-author of the publication ‘International Licensing and…
Bulgaria has deposited its instrument of ratification of the Unified Patent Court Agreement at the Council of the European Union. It is the tenth member state to complete the ratification process. The Bulgarian Parliament had ratified the UPCA at the start of April 2016. Earlier, Austria, Belgium, Denmark, Finland, France, Luxembourg, Malta, Portugal and Sweden…
As the Unitary Patent (UP) system is expected to start functioning in 2017, proprietors of European patents are faced with the choice to opt these out of the jurisdiction of the Unified Patent Court (UPC), or to stay in the new system. The main advantage of the UPC is that its decisions are enforceable in…
by Claire Phipps-Jones ♪ “This indecision’s bugging me” ♪ On 23 June 2016, UK voters will be asked “Should the United Kingdom remain a member of the European Union or leave the European Union?”. David Cameron has confirmed that following a vote to leave, a non-retractable notice will be served under Article 50 of the…
Although observers think a ‘leave’ vote in the UK Brexit referendum of 23 June 2016 could be a great setback or even the end for the Unitary Patent (UP) system even before it launches, preparations go on unabatedly. Recruitment of judges for the Unified Patent Court (UPC) is underway, a Draft Code of Conduct has been published, and at its…
A decision on the Code of Conduct for practitioners at the Unified Patent Court, which was scheduled for May 2016, will likely be postponed. In reaction to a critical letter of the Council of Bars and Law Societies of Europe (CCBE), that argued it should have the opportunity to advise on the draft Code, the…
