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).
In ten to fifteen years, the current differences between European patent attorneys (EPAs), lawyers and patent litigators will have diminished and a there will be a new category of professionals, who are experts in litigation at the Unified Patent Court (UPC) . This is the expectation of Koen Bijvank, president of the European Patent Litigators…
If conflicts arise under the Unitary Patent system, parties have the option to go to the Unified Patent Court (UPC), or they can agree to go the court’s Patent and Mediation Centre (PMAC). In their current version, the Rules on Arbitration and Mediation do not provide for the possibility of Judges of the UPC to…
Europe is preparing for the launch of the new Unitary Patent and the Unified Patent Court (UPC). A provisional phase for the UPC is expected to start later this year, with a view to a full start of the system in the spring of 2017. In a series of articles, Kluwer IP Law explains the…
Hopefully the United Kingdon won’t jeopardize the Unitary Patent project with a vote to withdraw the European Union, says Jane Lambert, barrister from 4-5 Gray’s Inn Square in London. ‘However, it could still continue without us’, Lambert told Kluwer IP Law in an interview. Lambert, who recently published a series of articles (1, 2, 3, 4, 5, 6) on the…
Europe is preparing for the launch of the new Unitary Patent and the Unified Patent Court (UPC). A provisional phase for the UPC is expected to start later this year, with a view to a full start of the system in the spring of 2017. In a series of articles, Kluwer IP Law explains the…
Europe is preparing for the launch of the new Unitary Patent and the Unified Patent Court (UPC). A provisional phase for the UPC is expected to start later this year, with a view to a full start of the system in the spring of 2017. In a series of articles, Kluwer IP Law explains the…
There will be no fee to opt out of the jurisdiction of the future Unified Patent Court (UPC). It had already been rumored for some time, but it has now been confirmed with the publication of the ‘Rules on UPC Court Fees and Recoverable Costs’. The document was agreed on in a meeting of the…
Europe is preparing for the launch of the new Unitary Patent and the Unified Patent Court (UPC). A provisional phase for the UPC is expected to start later this year, with a view to a full start of the system in the spring of 2017. In a series of articles, Kluwer IP Law explains the…
The most sensible option for the UK is to postpone the ratification of the UPC Agreement until the ‘Brexit’ referendum of 23 June 2016 has been held, according to Luke McDonagh, Lecturer in IP Law at City University London. Mc Donagh told Kluwer IP Law there is nervousness in the ‘very pro-EU IP Community in…
Europe is preparing for the launch of the new Unitary Patent and the Unified Patent Court (UPC). A provisional phase for the UPC is expected to start later this year, with a view to a full start of the system in the spring of 2017. In a series of articles, Kluwer IP Law explains the…
