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CIPA Seminar: Getting Practical with European Patents & the UPC – Episode 2

IMG_8533-1Last week IPcopy watched the second webinar in the CIPA UP/UPC series “Getting Practical with European Patents & the UPC – Episode 2 – managing the knowns and the unknowns of the ‘opt-out’” which was presented again by Pippa Allen. IPcopy’s post on the first webinar can be found here.

The subject of the second webinar was the opt-out and the presentation covered the legal basis for the opt-out as well as the pros and cons of opting a classically validated European patent out of the competence of the Unified Patent Court (UPC).

Opting out a classical EP patent from the UPC is seen as essentially preserving the status quo as far as a patent owner is concerned since an opted out EP patent is regarded as no longer being within the competence of the UPC. Assessments of the UPC may therefore tend to play up the risk of central revocation without providing much in the way of a counter point of view.

The second CIPA webinar however looked to provide a more balanced assessment of the UPC and also of the option of requesting unitary effect for EP patents that grant after the unitary patent system comes into force. (more…)

Unified Patent Court – Sunrise provision for Opt-out requests?

wragge breakfast seminarWragge & Co held an excellent breakfast seminar yesterday (lovely bacon butties!) on the Unified Patent Court. The seminar provided a good overview of the unitary patent package as it stands today as well as highlighting outstanding issues and areas of interest.

One issue that was raised was the possibility of a “sunrise” provision being introduced to give patentees of nationally validated EP patents a protected period after the system goes live in which to register an opt out of the competence of the unified patent court.

Such a sunrise provision is being discussed because of the possibility of tactical revocation actions being brought by third parties against such nationally validated EP patents in order to fix those patents within the competence of the unified patent court before an opt out (from the UPC) has been filed by the patent proprietor.

(more…)