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UPC – The Ratification Game Update
As noted in an earlier post the agreement on the unified patent court (UPC) was signed by 24 member states on 19 February 2013.
Spain, Poland and Bulgaria were the three member states who did not sign the UPC agreement. Spain are sitting out of the unitary patent package completely at present and so have not signed. Poland and Bulgaria are part of the enhanced cooperation club that the unitary regulations have been prepared under. Poland, however, has decided to take a wait-and-see approach and so did not sign the UPC agreement. Bulgaria intends to sign as soon as it has made appropriate preparations.
In light of the UPC signing ceremony the Ratification Game post has been updated along with the football info-graphic. The full post can be found here but in the meantime here’s the updated graphic.
Unitary Patent Package – UPC Agreement – 24 signatures received
After a reasonable delay the signing ceremony for the agreement on the unified patent court took place today (19 February 2013).
As alluded to in the press release a total of 24 member states signed the agreement, including Italy.
19th February 2013 is UPC signing day!
As announced here the signing ceremony for the agreement on the unified patent court will take place on 19 February 2013 (on or around 2.15 Central European time).
Control your excitement readers!
The press release for the signing ceremony also suggests that we will be able to live stream the entire event (at this location).
The IP Federation, the Minister and the European Scrutiny Committee
The IP Federation represents the views of UK Industry and, as can be seen from the front page of their website, has a pretty impressive list of members. As announced here the IP Federation has written to the UK Minister for IP (Viscount Younger of Leckie, Parliamentary Under-Secretary of State for Intellectual Property in the Department for Business, Innovation and Skills) with a request for an economic analysis to be performed on the effect on the UK economy of the unitary patent system before ratification of the unified patent court agreement takes place.
It will be interesting to see what, if any, response the IP Federation get from Lord Younger. On a related subject we note that the European scrutiny committee has recently cleared the Draft Agreement on a Unified Patent Court and draft Statute (see here for details).
Unitary Patent Package – Rules of Procedure for the Unified Patent Court (14th Draft)
As noted in our tweet last week the 14th draft of the Rules of Procedure of the Unified Patent Court have appeared online (a copy can be found here). The document runs to almost 150 pages and 382 rules so it’s something of an early Christmas present for insomniacs.
The release of the 14th draft is expected to shortly be followed by the public consultation exercise on the rules of procedure. IPcopy understands that the window for public comments could be as short as one month and we will let you know as soon as we hear more. It is noted that page 2 of the 14th draft states that it is the aim of the Drafting Committee to complete the draft rules within three months of the signature of the Agreement (which is expected to happen on 19th February).
Unitary Patent Package – The Ratification Game (The UK completes its ratification formalities)
Update (26 April 2018)
According to the website of the Council of the European Union (and just about every other official IP channel), the UK deposited its instrument of ratification (on 26 April 2018) to become the 16th country to complete its ratification formalities. The UK joins Latvia, Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the sixteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. However, the German Constitutional Court challenge has thrown the timescale and the long term future of the unitary patent system into doubt.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if Germany completes its own ratification procedures and sufficient approvals to the PPA are obtained.
Now that the UK has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).
Unitary patent package – alternative description using 1000 most common words only
In an earlier post we recast an Apple patent claim into “up-goer-five” style by rewording the claim using only the 1000 most common words available (according to this xkcd comic). We weren’t planning on revisiting this style of drafting but ipcopyemily worked up a description of the unitary patent package for the IPcopy team’s amusement and I thought it was too good not to share. So, without further ado, here’s the unitary patent package in “up-goer-five” format. You might think it makes more sense than the real version but I, of course, couldn’t possibly comment.
This is the last time we’ll do this…..promise…..probably…..
Unitary Patent Package – does Article 47(5) of the UPC Agreement hardcode bifurcation?
One of the most frequently-discussed concerns regarding the unified patent court agreement is the possibility of bifurcation*. This has, in turn, lead to concerns in some quarters that local divisions of the unified patent court could set themselves up to be patent proprietor friendly but send validity counterclaims back to the central division. In such scenarios, the argument goes, a patent owner could secure an injunction in the local division based on the issue of infringement that would have effect across the whole of the unitary patent area before validity has even been heard in the central division.
Regardless of the above “doomsday” scenario, however, it is noted that according to the UPC agreement the defendant will be able to raise validity as a counterclaim within an infringement action. It will then be up to the local division in question as to whether they hear both infringement and validity (I&V) or whether they kick the validity part of the action back to the central division (and thereby create a bifurcated case). [This IPcopywriter has assumed (probably naively) that local divisions will probably follow the practice of the country within which they are set up.]
However, on a review of the final text of the UPC agreement, we have come across a particular scenario, written explicitly into the agreement, in which the defendant is apparently not even able to raise validity as a counterclaim in an infringement action. We are referring to Article 47(5) UPC agreement and the scenario where an exclusive licensee brings an infringement action.
Unitary Patent Package – Final texts
The final text of the Agreement on a Unified Patent Court has now been published by the Council of the European Union. The two regulations relating to the unitary patent have already been published. Links to all three documents are below and also on our unitary patent package page.
1) Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection – here.
2) Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – here.
3) Agreement on a Unified Patent Court – here. Corrections to Agreement here and here.
Mark Richardson 17 January 2013
The UK Patent Box – Reducing corporation tax
This is not just any box. This is an HMRC Patent Box
On 1 April 2013 the UK will introduce a new preferential tax regime, the so called “Patent Box”, that will potentially reduce the amount of UK corporation tax that a company will be liable for.
If you’re interested in finding out more, then grab a highly caffeinated beverage of your choice (we are going to be talking about patents and tax in the same post after all!) and read on.
IPcopy 