Publications, articles de presse, classements, awards et évènements à venir
Starting a litigation at the end of the sunrise period
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.
Germany has deposited its ratification for the UPC Agreement
Germany has ratified the UPC Agreement on February 17, 2023, see https://www.unified-patent-court.org/en/news/upc-agreement-ratification-breaking-news.
When to file opt-out applications?
What does « opt-out » mean? Opt-out is a request to withdraw a European patent or a published application from the jurisdiction of the Unified Patent Court (UPC).
Some criteria for choosing between unitary patent and national validations of the european patent
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.
Opt out, stay in: how do we proceed in the case of co-ownership?
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.
What is the « sunrise period »?
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.
Opt-out : actions to be undertaken
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.
Opt-out of SPCs
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).
Double Protection between national Patent and European Patent with or without the unitary effect
The European Patent with unitary effect (“Unitary Patent”) will be introduced soon. The final stage of the preparatory work will be accomplished by the end of this summer and the final missing ratification will then be deposited by Germany.
Creation of a European patent with unitary effect and a unified patent jurisdiction
Damien Colombié, Industrial Property Attorney, and Camille Pecnard, Attorney at Law at LAVOIX, come back on the impact of the European Patent with Unitary Effect and the Unified Patent Jurisdiction, in page 5 and 6 of the weekly La Semaine Juridique. To read the full article of La Semaine Juridique, click here.
The final rules for the European Patent Litigation Certificate are being adopted on 15th June 2022
Article 48 of the Agreement on the Unified Patent Court (UPCA) defines the obligation for parties to be represented before the Unified Patent Court (UPC).
Record Filings at the European Patent Office in 2021
Despite the pandemic filings of European patent applications increased again. 188 600 patent applications were received by European Patent Office (EPO) in 2021, which is an increase of 4.5% in comparison to the previous year.
Which Nationality for a patent with unitary effect?
The patents’ nationality in case of joint ownership is determined by Article 7 of Regulation 1257/2012 which states:
UPC and opt-out : definition, advantages and drawbacks
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.
How to select the European Patent with the unitary effect (Unitary Patent)
Unitary Patent a unique protection for 17 states in Europe With the recent ratification of Austria, the European Patent with unitary effect (“Unitary Patent”) will be introduced soon.