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 Unified Patent Court will be a precious tool to help harmonizing the legal system in the EU and fostering innovation. That is the expectation of Elisabetta Papa, head of patents of the Italian IP firm SIB. She thinks Milan may replace London as Central Division seat dedicated to human necessities, chemistry, metallurgy, although “keeping…
Having been teaching Public International Law since 1990 and being a tenured professor of this field of law, this author has some difficulty in understanding the state of collective nirvana that the UPC Preparatory Committee has instilled amidst the UPC community, by causing them to believe that the “Protocol to the Agreement on a UPC…
Another constitutional complaint against the Unified Patent Court Agreement? Is Italy withdrawing from the UPC? If even April fools’ day doesn’t go by without a proportion of jokes on the Unitary Patent project, one can be certain that after years of stagnation the Unified Patent Court and the Unitary Patent are fully back on the…
The Administrative Committee of the Unified Patent Court has been inaugurated. It will replace the UPC Preparatory Committee, which has so far been in charge of preparations for the new court. An Advisory Committee has been appointed as well, which will interview candidate judges, a process which is expected to start late March. The inaugural…
The recruitment of judges for the Unified Patent Court will start soon, now that the Preparatory Phase preceding the opening of the Unified Patent Court has officially begun. According to the UPC Preparatory Committee the preparatory phase will last at least eight months. The UPC Preparatory Committee stated on its website: “Austria was the first…
What were the most popular articles of the Kluwer Patent Blog in 2021? Some topics keep on returning, but new issues found their way into the chart of best read posts on this blog as well. The number ten of 2021 is the blogpost Technicality at EPO After G 1/19. This article comments on the…
Due to recent developments in Germany, Slovenia and Austria, where parliaments gave their support to the Protocol for Provisional Application of the Unified Patent Court Agreement, it is likely that after many years of delay the new Court will open its doors in 2022 and also the Unitary Patent will finally see the light of…
Austria will most likely become the member state which will trigger the start of the preparatory phase of the Unitary Patent project. Last Friday the National Council, one of the chambers of its parliament, unanimously approved draft legislation enabling Austria to ratify Protocol for Provisional Application (PPA) of the Unified Patent Court Agreement. Ratification of…
Even though the United Kingdom is expressly mentioned in the Protocol for Provisional Application (PPA) of the Unified Patent Court Agreement as one of the states that has to give its support to the PPA, this is not seen as a stumbling block for the entry into force of the Protocol by the member states…
Slovenia has deposited its instrument of ratification for the Protocol on the Provisional Application of Unified Patent Court Agreement and the UPCA itself. According to a message of the UPC Preparatory Committee, this brings “the Unified Patent Court one step closer to its launch”. “Thanks to the Slovenian ratification and following the recent ratification of the…
