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UPC – Rules of the court fees and recoverable costs

IMG_8533-1The Preparatory Committee released the agreed rules relating to UPC court fees last week. The main reported piece of news relating to the publication of the fees seems to have been the removal of the 80 Euro opt-out (and withdrawal of opt-out) fee. However, there are a number of other changes in the rules which are summarised below. For reference the Rules document can be found here and the Guidelines for the determination of Court fees and the ceiling of recoverable costs of the successful party can be found here. (more…)

UPC updates – No Opt-out fee for the UPC & more news

IMG_8533-0A selection of UPC updates on various issues including the latest Preparatory Committee meeting, ratification updates in the UK and Germany and a look at the Case Management System. (more…)

UPC Court Fees Consultation Now Available

Unified patent courtAs mentioned yesterday, the UPC Preparatory Committee has now published the consultation on UPC court fees and recoverable costs. The consultation document is available here and the consultation runs until 31 July 2015 (midnight).

The UPC website offers the following further information: (more…)

First hint of Unified Patent Court opt-out fee?

EU flagMembers of IPcopy are always on the look out for snippets of unitary patent and unified patent court news and it was during such a search this week that we came across a conference report of a Unitary Patent Package Conference that was held in Amsterdam on 6 February 2014.

The full report of the conference can be found here. Having skimmed through the conference summary we noted a few points of interest which are detailed below. In particular we were interested to see what are apparently the first potential figures for the fee for opting a European patent out from the exclusive competence of the Unified Patent Court (the “opt-out fee”). These comments came from someone who is presumably familiar with the matter, Kevin Mooney of the Drafting Committee for the Rules of Procedure of the UPC. (more…)

The unitary patent, an opt-out and a referral to the European Court of Human Rights

EU flagCould the proposed unitary patent system result in a referral to the European Court of Human Rights? Bear with me for a second while we fire up the flux capacitor and travel back in time.

It’s now 26 June 2007. Rihanna and Jay-Z are riding high in the charts with Umbrella and it’s a Tuesday. One of your clients comes to discuss the filing of their new patent application in Europe. After explaining the European patent process to your client and lamenting the fact that there’s no way of getting a single patent that covers Europe in some sort of unitary sense, your client instructs you to file a new EP patent application. Being the hyper-efficient patent attorney that you are you get the case on file later that day and settle back to a few months of discussion with the Examiner before the inevitable grant.

Time to jump back in the Delorean and fast forward 9 (!) years.