The Unified Patent Court (UPC) provides a new opportunity for patent holders to obtain pan European relief for patent infringement. Likewise, the UPC offers a new mechanism for central revocation of a European patent beyond the EPO’s 9-month opposition period.
Despite the UK not falling within the jurisdiction of the UPC, as European Patent Attorneys, our team have the ability to represent parties before this new court. This places us in the unique position of being able to manage both UK and UPC litigation actions, providing a co-ordinated and efficient approach to dispute resolution across the UK and EU.
Building on our wealth of experience in contentious opposition proceedings before the EPO, we are well-placed to act in connection with the wide range of actions possible before the UPC, infringement, revocation and declaration of non-infringement actions. For patent holders, conventional litigation across Europe is expensive and complex due to the need to initiate and co-ordinate separate actions across multiple jurisdictions. The UPC greatly simplifies matters, with only one action being needed for all participating EU member states, thus making enforcement of European patents significantly more affordable.
The UPC also adds to the toolkit available for those wishing to challenge the validity of granted European patents. Here, we are able to use UPC proceedings in complement with other types of proceedings, including EPO opposition proceedings and the UKIPO opinion service, in order to maximise the prospects of achieving freedom-to-operate.
Despite the UPC being a new forum for resolving patent disputes, we are well-prepared to adapt to this new regime based on our wealth of experience in contentious matters before the European Patent Office (EPO). This experience puts us in the optimal position to act in connection with the wide range of actions available before the UPC, including infringement, revocation, and declaration of non-infringement actions. Our team is accustomed to handling high-value, complex proceedings and are always looking for innovative ways to provide comprehensive and clear strategic advice.
Read the latest insights from the Schlich team reporting recent cases and updates to UPC Proceedings.
One of the first preliminary injunctions was issued by the Unified Patent Court on 22 June 2023. The decision was made ex parte and, remarkably, on the same day as the application for an injunction was filed by the proprietor, despite the respondent’s efforts to avoid the issue of an injunction by filing a protective letter.
After several years of delays, formalities, constitutional disputes, and doubts in the minds of many as to whether the European Union’s new Unified Patent Court would ever open for business, this new court has finally opened its doors and will start taking cases from today.
The implementation of the Agreement on a Unified Patent Court has been a slow process, with many unexpected hurdles and delays being encountered along the way. However, it seems the Unified Patent Court is now ready to start taking cases, and thus Germany has recently ratified the UPC Agreement, setting into stone 1 June 2023 as the date on which this long-awaited court will finally open for business.
The start date of the European Union’s new Unified Patent Court has been delayed several times, but it was widely expected that the 1 April 2023 start date would be adhered to this time. However, in view of some technical difficulties encountered by many who are due to start using this system when it comes into effect, a decision has been taken to delay the start of the new system by a further two months.
Those interested in the European Union’s new Unitary Patent System will know the start of this new system has been delayed several times since it was originally agreed upon by the participating EU Member States. However, this new aspect of European patent practice now seems highly likely to open for business in early 2023. Now is therefore the time for applicants of European patent applications and proprietors of European patents to familiarise themselves with the options available to them once the Unitary Patent System enters into force.
There has long been a desire for patent rights to be pan-European. Now the Unitary Patent System has been built and is scheduled to begin operation at the end of 2022 or the beginning of 2023. Such a new International system requires a new judicial organisation to govern it. This is the Unified Patent Court (UPC). European patents will be governed by the UPC by default. Therefore if a patentee wants to deviate from this, and ensure their patents are governed by national law, then action must be taken soon.
With the Unitary Patent System due to start in the near future, it is important for applicants of European patent applications to consider whether to validate their European patents classically or, where possible, with unitary effect across the Unitary Patent System Member States. Here we provide a summary of the main advantages and disadvantages of unitary patents to help you decide whether unitary patents are right for you and how best to use this new option.
The gestation period of the European Unitary Patent System has been a long one with many delays. However, on 19 January 2022 the Austrian government deposited their instrument of ratification of the Protocol to the Unified Patent Court (UPC) Agreement on provisional application. This act triggered the start of the Provisional Application Period (PAP) and the birth of the Unified Patent Court as an international organisation.
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