European Patent

Publications, articles de presse, classements, awards et évènements à venir

2802, 2023

Starting a litigation at the end of the sunrise period

JUB|

The sunrise period, which precedes the start of the UPC by three months, will start on March 1st. The sunrise period will be strategic in the preparation of your future litigation, whether it is an action for invalidity or an action for infringement, as a claimant or in defense.

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1201, 2023

Some criteria for choosing between unitary patent and national validations of the european patent

Unitary Patent, JUB|

From 1 January 2023, the period for early uptake of the Unitary Patent begins and related official forms are available on the EPO website. The Unitary Patent system is expected to enter into force on 1 June 2023, when the Unified Patent Court (UPC) should also come into operation, heralding a new era for patent protection in Europe.

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812, 2022

Opt out, stay in: how do we proceed in the case of co-ownership?

Opt-out, Unitary Patent, JUB|

With the entry into force of the unitary patent, the unified patent court (UPC) and the associated transitional provisions, it will be possible to escape the competence of the UPC for European published applications and patents without unitary effect (OPT OUT), by the filing of a declaration made by the effective Applicant/Patentee, before the start of proceedings.

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212, 2022

What is the « sunrise period »?

Opt-out, Unitary Patent, JUB|

The deposit of the Unified Patent Court Agreement ratification instrument by Germany will trigger the Sunrise period and the entry into force of the UPCA (3 months after the start of the Sunrise period). In anticipation of the opening of the Unified Patent Court (UPC) that is currently planned for  April 1st 2023, it will be possible to opt out existing patents and patent application from the jurisdiction of the UPC.

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2211, 2022

Opt-out : actions to be undertaken

Unitary Patent, JUB|

As you may know, alongside with the set-up of a patent with unitary effect, a Unified Patent Court (UPC) is being established and will be effective at the end of a “sunrise” period (expected in spring 2023). By default, this UPC court will also have jurisdiction over all your European patent applications and granted European patents (in force or expired since less than 5 years) and deriving SPCs.

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911, 2022

Opt-out of SPCs

Opt-out, Unitary Patent, JUB|

Operation of the Unified Patent Court (UPC) is currently expected for 1st April 2023 (https://www.unified-patent-court.org/news/latest-state-play-view-launch-unified-patent-court), thus launching the sunrise period as soon as 1st January 2023. During this sunrise period, it will be possible to opt-out European (EP) titles from the competence of the UPC. Opt-out will be possible for published EP patent applications, granted EP patents (without unitary effect) and Supplementary Protection Certificates (SPCs) issued for a product protected by a EP patent (A.83 UPCA).

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2102, 2022

UPC and opt-out : definition, advantages and drawbacks

Opt-out, Unitary Patent, JUB|

The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions.   The Unified Patent package creates a unitary effect for European patents encompassing the states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, an EP patent with unitary effect will have the same effects in all the states that ratified the UPCA and where said patent has been validated.  

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