The Unified Patent Court (UPC) is a planned future court common to EU Member States which participate in the Unitary Patent system, and it will be part of their judicial system. After a transitional period of 7 years or 14 years at most, it will have exclusive competence in respect of traditional European patents and European patents with unitary effect (Unitary Patents). The UPC is based on the Unified Patent Court Agreement. The Unitary Patent system and the UPC are planned to start functioning once certain ratification conditions have been fulfilled.
This year’s release of Visser’s Annotated European Patent Convention, or as it is commonly known, simply “Visser” is just around the corner. Since the previous edition, updated until March 2022, there have been several law changes, as well as new case law and updates in the Guidelines. Those changes are reflected in the update, and…
Just days after the announcement of a gender equality referendum in Ireland, which will be held in November, representatives of Irish industry urged the government to hold a referendum on ratification of the Unified Patent Court Agreement on the same date. However, it seems likely this will not take place before the start of next…
France, Germany and Italy are holding trilateral talks on redistribution of the competencies that were originally allocated to the London seat of the UPC’s central division among Paris, Munich and Milan. According to the German Ministry of Justice, a decision is expected shortly. A spokesperson told Kluwer IP Law: ‘Once an agreement has been reached,…
For privacy and security reasons, the Unified Patent Court has temporarily deactivated a CMS functionality linked to the opt-out procedure. The UPC reported today that in the week preceding the start of the sunrise period – which started 1 March 2023, ‘it became clear that the public API designed to retrieve public documentation from the…
At 09:00 CET on 1 March 2023, the three month sunrise period for the Unified Patent Court began. Whilst it is still early days, insights can already be gleaned from opt out requests and UPC representative applications that have already been filed on the Case Management System. 199 patents and applications opted out
Although the sunrise period starts today, the UPC remains in the shadows for the moment. Thus, it seemed appropriate to me, in the meantime, to try to bring some light by interviewing 5 French judges who will participate in the new Court. Many thanks to the judges who accepted my invitation: Ms. Florence Butin (President…
The UPC has published practical information on the upcoming launch of the so-called Sunrise period. This 3-month period will start on 1 March 2023 at 9:00 CET. The court advises, among others, to inform the UPC, as far as possible, of the forecasted date of massive opt-out filings. Starting from 1 March 9:00 CET, it…
In June 2023 the European patent landscape will see one of the most dramatic changes in decades with the introduction of the Unitary Patent (UP) and the opening of Unified Patent Court (UPC). In a short series this blog will go through the main characteristics of the system and decisions that need to made to…
In June 2023 the European patent landscape will see one of the most dramatic changes in decades with the introduction of the Unitary Patent (UP) and the opening of Unified Patent Court (UPC). In a short series this blog will go through the main characteristics of the system and decisions that need to made to…
Today, Germany has ratified the Agreement on a Unified Patent Court. This has been confirmed by a statement of its Federal Ministry of Justice. Germany’s ratification launches the countdown as set under Article 89 of the UPC Agreement according to which the Agreement will enter into force on 1 June 2023. According to an announcement…
