Home » Patents » UPC Update (November 2015, part II): SPCs, US interest and UK Taskforce

UPC Update (November 2015, part II): SPCs, US interest and UK Taskforce

Keltie LLP

K2 IP Limited

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IMG_8533-0In today’s update we highlight an article relating to Supplementary Protection Certificates (SPCs) and the UPC and an article that discusses the interest of US applicants for unitary patent protection. We also have the most recent update from the UK’s UPC Taskforce.

SPCs – The Kluwer patent blog highlights and discusses the lack of provisions for SPCs within the UP system and the uncertainties around how SPCs based on unitary patents can be obtained. The article highlights a recent joint position paper from the European Crop Protection Association and the International Federation for Animal Health Europe that proposed how Unitary SPCs could be granted by a virtual office.

US and the UPC – Also on the Kluwer blog is a look at how the Unitary patent system is perceived by US applicants and whether litigation may switch from the US to the UPC and what US companies are doing to prepare for the system. An interesting article but IPcopy notes, based on purely anecdotal evidence(!), that although the existence of the Unitary Patent system may be known in the US it seems there are still many US applicants (and US representatives) who are either hazy on the details or who have an incorrect understanding on how the system will work. So there still seems to be work to do to spread the word.

UK UPC Taskforce – the next preparatory committee meeting is on 7th/8th December where it is expected that agreement will be reached on the protocol on privileges and immunities. Also up for discussion are judicial salaries and a new proposed court fee, SME support and costs schedule. A business advisor has been appointed to help the committee meet the mid 2016 target for completing their work.

The IT team are continuing their European roadtrip and are due in Munich on 2 December (registration link). Sign up to the e-filing mailing list at http://eepurl.com/4J609.

Design work on Aldgate Tower, the location of the UK’s local and central division, is due to be completed by the middle of next month with construction starting in January and completing in Spring 2016.

The EPO Select Committee has agreed the distribution key for sharing renewal fee income among the participating member states. 50% of renewal fee income will go to the EPO with the remaining 50% shared between the member states. The select committee is aiming to complete its remaining issues by the end of the year. Still to discuss are the rules relating to fees.

Mark Richardson 26 November 2015

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