Publications, press articles, rankings, awards
Unified Patent Court: the recognition of the French “saisie-contrefaçon” mechanism at the European level
The “saisie-contrefaçon” is a long-standing evidentiary measure familiar to French intellectual property practitioners. It has been successfully incorporated into the framework governing the Unified Patent Court (“UPC”), which has been in force for two years. The main points to remember are presented below.
Romania will accede the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024.
The UPC is gradually rolling out the new version of its CMS
The CMS is the case management system of the Unified Patent Court (UPC, https://www.unified-patent-court.org). It enables, among other things, the registration of legal representatives, the submission of documents by parties, access to case files, and the filing of opt-outs.
UPC: The discretionary authority of the UPC in the absence of statement of defence
Decision of the Court of Appeal of the Unified Patent Court issued on 5 May 2025, UPC_CoA_635/2024, APL_58934/2024 Order of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 2 April 2025 concerning the generic procedural applications Nos. App_61657/2024, 61782/2024 and 61784/2024 UPC_CFI_164/2024
UPC: Procedural order on application to intervene
(Rule 313 RoP), UPC_CFI_698/2024 (CD Milan, March 27, 2025)
Jurisdiction of the UPC: decision of the Court of Appeal
In this important decision (UPC_CoA_30/2024 APL_ 4000/2024 Fives ECL, SAS vs. REEL GmbH) the court of appeal decided whether the Unified Patent Court (UPC) has competence for deciding about damages for on infringement decided by a national court and whether it has jurisdiction an acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court (UPCA).
Jurisdiction of the UPC: decision of the Court of Appeal
In this important decision (UPC_CoA_30/2024 APL_ 4000/2024 Fives ECL, SAS vs. REEL GmbH) the court of appeal decided whether the Unified Patent Court (UPC) has competence for deciding about damages for on infringement decided by a national court and whether it has jurisdiction an acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court (UPCA).
UPC extends its jurisdiction to the United Kingdom!
Decision UPC_CFI_355/2023 dated 28 January 2025.
UPC extends its jurisdiction to the United Kingdom!
Decision UPC_CFI_355/2023 dated 28 January 2025.
Effective withdrawal of an opt-out when national proceedings are pending
Court of Appeal Decision of the UPC of 11-12 2024 AIM SPORT DEVELOPMENT AG vs SUPPONOR
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation.
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation.
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation. With 49 qualified representatives before this new court, including 7 lawyers and 42 European patent attorneys, Lavoix possesses unparalleled expertise to address all your legal issues before this jurisdiction. Our professionals, based in France, Germany, and Italy, are ready to intervene quickly and effectively to defend your interests. Whether it is for infringement actions, nullity actions as a principal measure, or any other procedure before the UPC, Lavoix offers
(more)
Milan: the IP place to be!
On June 27, 2024, the Unified Patent Court (UPC) opened a new section of the Central Division in Milan, following the decision of the Administrative Committee of 26 June 2023 amending the Agreement relating to the Unified Patent Court (UPCA) to establish a section of the Central Division in Milan.
Romania will accede to the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024. Thus, starting from that date, the UPC agreement will have 18 members in Europe.
Romania will accede the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024.
Romania will accede to the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024. Thus, starting from that date, the UPC agreement will have 18 members in Europe. From the same time ongoing, registrations for a Unitary Patent will also cover Romania (second generation Unitary Patent). Please note that the previously registered Unitary Patents (first generation Unitary Patents) will not extend to Romania. The date of registration of the Unitary Patent will determine the extent of protection. Therefore, the EPO accepts request for a delay of the registration of unitary effect
(more)
Cumulative Protection under the UPC Framework
Cumulative Protection: European Patent and National Patent vs Unitary Patent and National Patent
Language of proceedings before the UPC: English 1 – German 0
In this interesting decision (UPC_CoA_101/2024 ApL_ 12116/2024 10x Genomics, Inc vs. Curio Bioscience Inc), the Court of Appeal ordered that the Language of proceedings should be changed from German to English.
Language of proceedings before the UPC: English 1 – German 0
In this interesting decision (UPC_CoA_101/2024 ApL_ 12116/2024 10x Genomics, Inc vs. Curio Bioscience Inc), the Court of Appeal ordered that the Language of proceedings should be changed from German to English.
Grandfather clause for European Patent Attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Grandfather clause for European patent attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Grandfather clause for European patent attorneys
A European Patent Attorney may represent a party before the UPC provided he has the appropriate qualifications. These qualifications are defined by the “Rules on the European Patent Litigation Certificate and other appropriate qualifications” (or REPLC).
Stay of proceedings in case of parallel proceedings before the UPC and the EPO: the Paris Central Division dismisses the request
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO.
Stay of proceedings in case of parallel proceedings before the UPC and the EPO: the Paris Central Division dismisses the request
In an order dated 8 January 2024, the Paris Central Division interpreted for the first time article 33 (10) of the Agreement concerning the stay of proceedings in the event of parallel proceedings likely to challenge the validity of the patent before the EPO.
Unified Patent Court and Italy sign headquarters agreement
The Italy and the Unified Patent Court (UPC) have signed a headquarters agreement, see press release of the Italian government.
Pharma and Biotech Patent Litigation: Is the UPC changing litigation strategies?
The Pharma and Biotech Patent Litigation Europe summit which has taken place in Amsterdam was a good opportunity to get an overview from the EPO of the state of play.
Unitary patent and Unified Patent Court: organization and impacts on IP rights
Camille Pecnard participated in a round table on the unitary patent and the JUB for the Lettre des Juristes d’Affaires (LJA) which resulted in an article in their magazine.
UNITARY PATENT AND UNIFIED PATENT COURT: ORGANIZATION AND IMPACTS ON IP RIGHTS
Camille Pecnard and Damien Colombié co-authored an article on the UPC and the unitary patent published this week in the Lettre des Juristes d’Affaires (LJA). They discuss the impacts on IP rights and the points to identify in order to anticipate the strategy to adopt.
Unitary patent and Unified Patent Court: organization and impacts on IP rights
Camille Pecnard and Damien Colombié co-authored an article on the UPC and the unitary patent published this week in the Lettre des Juristes d’Affaires (LJA).
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).
UPC and the Bolar exemption
The so-called ‘Bolar exemption’ finds legal basis in EU Directive 2004/27/EC modifying Directive 2001/83/EC on the Community code relating to medicinal products for human use. Article 10(6) of EU Directive 2001/83/EC states that:
EPO publishes second edition of the Unitary Patent Guide
Background It is expected that the Agreement on a Unified Patent Court (UPCA) will enter into force end of 2022 or beginning of 2023. At the same time the European Union regulation 1257/2012 and 1260/2012 will enter into force relating to the European patent with unitary effect (Unitary Patent) and the translation arrangements. The Select Committee of the Administrative Council of the European Patent Organisation has prepared the secondary legislation, in particular the Rules of procedure relating to Unitary Patent Protection and the Rules relating to the Fees for Unitary Patent Protection. Recently, some of the rules have been
(more)
Again, and again: the UPC agreement is further challenged in Germany
Although the German Parliament («Bundesrat») recently voted in favor of the ratification of the Unified Patent Court Agreement (UPCA) (that we reported here), and despite the political will (see there), the German ratification of the UPCA is again put on hold. The German Federal Constitutional Court (FCC) advised that that two new constitutional complaints were filed on the very same day on which the Bundesrat approved the ratification (18th December 2020). One of the complaint, filed by Düsseldorf lawyer Ingve Stjerna, who already filed an earlier constitutional complaint in 2017, aims at obtaining an interim order to cease the ratification process
(more)
The current state of play towards the set up of the Unified Patent Court
The Unified Patent Court Agreement will enter into a provisional preparatory stage once 13 signatory states of the Agreement including Germany, France and the United Kingdom and having ratified said Agreement have ratified or expressed their consent to be bound by the Protocol on Provisional Application (A.3(1) of the Protocol). France ratified the Agreement and also ratified the Protocol on 23 May 2017. Lately (27th September 2021), Germany deposited its instrument of ratification of the Protocol and is expected to ratify the Agreement once the preparatory work has progressed sufficiently and the participating Member States are confident that the
(more)
New Ratification of The UPCA by The Bundestag – What Is Next ?
The German National Assembly (Bundestag) has now adopted the law for ratifying the Unified Patent Court Agreement (UPCA) with the required majority. As a next step, the Bundesrat, the second chamber, has to approve the law. As the Bundesrat did not have any objections previously, it is likely that the law will pass with the required majority. The next session of the Bundesrat is planned for 18 December 2020, however the schedule of the session is not yet fixed. After the vote of the Bundesrat, the government and the president have formally to sign the law.
Political will in Germany for the UPC Agreement to be submitted to a new vote as soon as possible
While the Federal Constitutional Court of 20 March 2020 ruled in Germany that the act of consent to the UPC Agreement is not constitutional and therefore void, a press release of 26 March 2020 from the German Federal Minister of Justice clarified the current political will in Germany. In a clear statement, the Federal government confirmed that it keeps on upholding the project of a single European patent system with a European patent Court. The Federal Government is committed in examining the possibilities to remedy the lack of form of the act of consent to the UPC Agreement, as
(more)
German Federal Constitutional Court upholds the constitutional complaint regarding the UPC for lack of qualified majority vote: is there still a chance for the UPC?
In its order released on 20 March 2020, the Federal Constitutional Court (FCC) holds the act of approval to the Agreement on a Unified Patent Court (“UPC”) void due in particular to the lack of a qualified majority vote. While this decision delays the ratification of the UPC Agreement by Germany even further, the future of the UPC seems more than ever uncertain. However, in upholding the constitutional complaint on this ground, a future ratification of the UPC Agreement by Germany still remains possible.
The decision on the constitution complaint directed against the Act of Approval to the Agreement on a Unified Patent Court is announced to be published on 20 March 2020
While the constitutional complaint against the Unified Patent Court (“UPC”) filed in April 2017 with the German Federal Constitutional Court (“FCC”) was put on the case list to be heard in 2018 and in 2019, the FCC has announced that the decision will be released on 20 March 2020.
Unitary Patent – Lithuania Completes Its Ratification Formalities
According to the website of the Council of the European Union, Lithuania has completed its ratification formalities on 24 August 2017. This is the 14th ratification following that of Estonia which joined the unitary patent system on 1 August 2017. To be complete, the unitary patent system requires 13 ratifications, including France, Germany and the United Kingdom. France is already part of the system since 14 March 2014. However, according to the Preparatory Committee, the United Kingdom and Germany still have some hurdles to overcome before the unitary patent system enters into force (you can see our previous posts on
(more)
5th conference on the Unitary Patent and the Unified Patent Court
The 5th conference on the Unitary Patent and the Unified Patent Court, organized annually by Premier Cercle in association with the EPO, was held in Munich on July 5, 2017. First, an overview over the state of advancement of the implementation of the Unitary Patent and the UPC from a technical, legal and financial point of view was given by a member of the Committee in charge of the Implementation of the Unitary Patent Protection. It appears that the implementation is completed at all levels, and that the system is ready to launch as soon as the ratification process has
(more)
German Court delays UPC Ratification
The German Constitutional Court (Bundesverfassungsgericht) has delayed the ratification of the Unified Patent Court (UPC) Agreement (http://www.lto.de/recht/nachrichten/n/bverfg-stoppt-eu-einheits-patent-verfassungsbeschwerde/) as became known today. The Constitutional Court has asked the Federal President of Germany to put the process of ratification on hold following a constitutional complaint filed by a private person. The Office of the Federal President informed the court that the process was “suspended” following the request. The constitutional complaint relates to the law ruling the Unified Patent Court, but as the two are closely related, the entry into force of the Unitary Patent has also been put on hold. At this
(more)
UPC – Timetable Update
The UPC’s Preparatory Committee released an update (https://www.unified-patent-court.org/news/upc-timetable-update-june-2017 ) yesterday confirming the expected delays for the entry into operation of the UPC Agreement. The Committee confirms that the entry into operation of the UPC will not take place in December 2017 as predicted, due to delays in several countries, especially in England, concerning the finalisation of national procedures for the ratification of the UPC Agreement and the participation in the Protocol on Provisional Application. We monitor the issuance of the new timetable that the Committee is to publish.
Representation: How will a European Patent Attorney obtain an independent right to represent clients before the UPC?
According to Article 48(2) of the Agreement on a Unified Patent Court (UPC Agreement), European Patent Attorneys (EPAs) who are entitled to act as a professional representative before the European Patent Office (EPO) pursuant to Article 134 of the European Patent Convention (EPC) may represent parties before the Unified Patent Court (UPC), provided they have appropriate qualifications such as a European Patent Litigation Certificate (EPLC). The wording of this article suggests that EPAs can prove having suitable qualifications by different means, the EPLC being one of them.
UPC launch in December 2017: dream or reality?
As we have seen, the UK Prime Minister has surprisingly called earlier last week for General Election to take place on 8 June 2017. Authorized by Parliament on 19 April 2017, this Election is likely to freeze the Parliamentary business very soon.
Last version of the Rules of Procedure – April 2017
The UPC Preparatory Committee published on April 10th, 2017 the last version of the Rules of Procedure, adopted during a meeting on the 15th of March 2017. This presumably final version of the Rules of Procedure clarifies some points that were still vague or incomplete but no significant changes from the previous version of the rules is to be reported; that may be the reason why the Committed decided not to update the title of the Draft Rules which remains the “18th Draft of the Rules of Procedure of the Unified Patent Court”. Here is a summary of the most
(more)