This decision dealt with the practically important question of whether the claim can still be waived in the proceedings on the complaint against denial of leave to appeal, i.e. after the conclusion of the appeal proceedings. This becomes particularly relevant if the patent in suit is held invalid and the opposing party does not agree…

Concerto Italiano – Preludio Johannes Karcher, acting chairman of the UPC’s Administrative Committee, is to be applauded for the interview he gave to the Kluwer Patent blogger recently, which sheds at least a little more light on the issues still to be addressed before the Unified Patent Court can go “live”. There are quite a…

Starting tomorrow morning, external users can test the sunrise functionalities of the Unified Patent Court’s case management system for a three week period, until 16 December 2022. According to an announcement on the UPC’s website, ‘all tests will be carried out in the CMS test environment. This environment is a copy of the CMS production…

Johannes Karcher, acting chairman of the Administrative Committee of the Unified Patent Court, is optimistic the court will open its doors in April 2023 as planned, despite the questions which have been raised with the authentication of users within the Case Management System. He expects a solution ‘rather soon’ for the relocation of UPC cases…

The judgment of 17 October 2022 recently handed down by the Patents Section of Barcelona Commercial Court of First Instance no. 4 is most interesting, for a variety of reasons. First, because the hearing of the case lasted for five days (2-5 May and 15 June), a length which is rather unusual in Spanish patent…

Video conferences will become the default format of oral opposition proceedings in at the European Patent Office as of 2023. Only under certain circumstances, and when the opposition division permits it, will oral proceedings in opposition be conducted in person. A decision to that effect was announced yesterday, a week after the publication of the final…

The European Patent Office and the Unified Patent Court (UPC) have signed an agreement on the exchange of data between the two institutions. The agreement, which was signed by EPO President António Campinos and President of the UPC’s Court of Appeal Klaus Grabinksi on the fringes of a high-level conference last week in Brussels, provides…

Article 124, III of the so-called “PACTE” Law enshrines the disappearance of the statute of limitations for invalidity actions concerning industrial property titles. It was intended to put an end to the previous case law, which was thus disproved, applying the five-year limitation period of Article 2224 of the Civil Code to these actions, notably…