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Representation at the UPC – feedback from Rules of Procedure Submissions

Unified patent courtA CIPA/IPO meeting back in January (covered in posts here and here) looked into the issue of representation in front of the Unified Patent Court (see Rule 286 of the Rules of Procedure) and in particular whether UK patent attorneys will automatically have that right, might be “grandfathered” in or might have to sit some sort of additional qualification.

Back in October last year IPcopy collated a few of the submissions sent in response to the public consultation on the Rules of Procedure of the Unified Patent Court and last week the 16th draft of the Rules of Procedure published accompanied by a handy “comprehensive digest”  that explains some of the reasons behind the changes to the Rules. We thought we’d take a quick look at both the original submissions and the comprehensive digest to see whether any of the respondents touched on this issue as well.

Out of the 12 submissions we listed back in October, three addressed the issue of representation and the comments made by the Association of IP Professionals in Swedish IndustryBristows LLP and the IP Federation (the IP Fed paper downloads as a PDF document) are noted below. There are also a fair number of comments in the digest document (though the three listed above do not appear to be there). (more…)

16th draft of Rules of Procedure of Unified Patent Court

Unified patent courtThe 16th draft of the Rules of Procedure of the Unified Patent Court has been published and can be found here (16th draft of Rules of Procedure). Helpfully the latest draft has been prepared as a marked-up document which means the amendments are easy to spot.

There’s a fair amount of red lined comments in this draft which IPcopy will take some time to digest. However, a few points of interest are noted below.


The Unitary Patent and the UPC – CIPA seminar 19th November 2013

cipalogoYesterday I had the pleasure of speaking at the CIPA seminar “The Unitary Patent and the UPC” with Alan Johnson of Bristows LLP and Tim Roberts. A copy of the slides for my section of the talk is enclosed below along with some links to additional information covered in the talk (the Poland Deloitte report and some views on the impact of the Scottish Referendum).


Unified Patent Court Rules of Procedure Consultation – Bird & Bird Comments

EU flagAfter yesterday’s post about the Rules of Procedure consultation comments from the IP Federation comes news of Bird & Bird’s own response.

The full submission can be accessed here. Highlights of the submission were detailed in the email that popped into IPcopy’s Inbox a few minutes ago and these are reproduced below.


The UPC Rules of Procedure: Apple, Google and Samsung join forces!

EU flagIPcopy was very interested to read AmeriKat’s excellent post on IPKat about the joint letter that Apple, Google and Samung (amongst others) have sent to the Member States of the European Union, Members of the European Parliament, the European Commission and the Preparatory Committee of the Unified Patent Court. The letter which was sent to the New York Times (see NY Times article here) notes that “an effective and balanced unitary patent system has the potential to decrease the costs of obtaining patent protection, increase European competitiveness, and support the long-term growth of innovative industries in Europe and abroad”.

The letter then goes on however to raise two major concerns with the Rules of Procedure (15th Draft here), namely bifurcation and injunctions.


UPC Rules of Procedure Consultation Event for Stakeholders: A round-up, and a few views

EU flagLast week, ipcopymark and ipcopyemily ventured out of the open plan, into the late summer sunshine, and headed towards Bristows’ offices for the ‘UPC Rules of Procedure Consultation Event for Stakeholders’, jointly hosted by Bristows LLP, the IPO, CIPA and the IP Federation. What unfolded was a thoroughly interesting two hours of discussion, explanation, comment and debate. The level of knowledge of the UPC among the audience was remarkably high, and it was clear that everyone in the auditorium was highly invested in the eventual content of the Rules of Procedure.

The event was chaired by Bobby Mukherjee from the IP Federation; Neil Feinson from the IPO, who is a member of the Preparatory Committee, also spoke, and the discussion panel consisted of Lord Justice Floyd, Kevin Mooney of Simmons and Simmons (both members of the Drafting Committee that has been preparing the draft of the Rules of Procedure), Alan Johnson of Bristows and Richard Vary of Nokia. A recording of the event can be found here.

Seven topics of particular interest were discussed, and below is a brief summary of the issues and commentary on each. But before we turn to these seven topics. IPCopy would like to offer some brief musings of its own on why all of this matters… (more…)

UPC Rules Consultation Event – Political wrangling/mangling

EU flagIPcopy was pleased to attend the London based version of the UPC Rules of Procedure Consultation Event for Stakeholders yesterday hosted by Bristows LLP in conjunction with the IPO, CIPA and the IP Federation. We will have a post along shortly (update: this can now be found here) highlighting some of the sections in the rules that are causing a few headaches but in the meantime it is interesting to note some of the comments made by Kevin Mooney who has, of course, been heavily involved in the mammoth task of preparing the various draft rules documents. (more…)

Unitary Patent Package – hard-coded bifurcation revisited

EU flagIn an earlier post we pointed out how the Agreement on a Unified Patent Court appeared, by virtue of Article 47(5), to hard-code or hard-wire bifurcation into the system in instances where a licensee was bringing an infringement action. According to the UPC Article (see below) the defendant would need to start separate proceedings against the patent proprietor in order to challenge the validity of the patent.

In the 15th draft of the Rules of Procedure of the Unified Patent Court there were some amendments to Rule 25 (Counterclaim for revocation) which, on the face of it, appear to address this issue. In this post we take a closer look at the changes. (more…)

The Official Fifteenth Draft Rules of Procedure of The Unified Patent Court – What’s new!

EU flagThe official (fifteenth) draft of the rules of procedure of the unified patent court has officially been unleashed on the world (take a look here), and the public consultation has now begun. You have until 1 October 2013 to submit your comments to the preparatory committee (details here), so get writing.

IPCopy has produced a tracked-changes version of the draft rules, comparing the newly-released official fifteenth draft, and the previous fourteenth draft, which you can find here. We’ve been combing through the new draft Rules to see what’s of interest.


Unified Patent Court – Rules of Procedure – Consultation Open

EU flagIn news that seems to have excited me far more than my colleagues who sit next to me, comes the announcement that the public consultation relating to the Rules of Procedure of the Unified Patent Court is now up and running. The consultation is open until 1 October 2013 and full details can be found here. The consultation rules draft is here. We also note that the website (www.unified-patent-court.org) contains a wealth of other information including some Questions and Answers about the Unified Patent Court.

We will provide more analysis when we can.

The Fees page is still blank though!

Mark Richardson 25 June 2013