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Unified Patent Court Update – July 2016 – KBO*
Despite the result of the referendum in the UK, it would appear that technical preparations for the Unified Patent Court are going to continue.
The UK’s ratification of the Unified Patent Court Agreement is a required step in bringing the unitary patent system into play. Without the UK’s participation the remaining members of the project are faced with either waiting for the UK to leave the EU (which appears to be at least 2.5 years away now) or renegotiating the UPC Agreement to remove the UK.
However, in a joint statement from the Chairmen of the UPC Preparatory Committee and the EPO Select Committee dealing with the Unitary Patent it is noted that “it is too early to assess what the impact of this vote [the Referendum] on the Unified Patent Court and the Unitary Patent Protection eventually could be”. The statement ends with the Preparatory and Select Committees stating that “work dedicated to the technical implementation should continue to progress as envisaged.” (more…)
Unified Patent Court – News and June 2016 Update 2
This Thursday, 23 June 2016, is of course Referendum Day here in the UK, the outcome of which could have a significant impact on the unitary patent system. This Thursday also marks the day on which two bills relating to Germany’s ratification procedure for the UPCA will come before the German parliament. This hearing is apparently the first of three hearings. With the German Parliament due to take a summer break throughout most of July and August it may be the autumn before the necessary steps have been taken to ratify the UPCA in Germany. [German Parliament calendar; Draft Bill 1; Draft Bill 2] (more…)
Unified Patent Court – April 2016 Update
Today we have an update on progress towards the unitary patent and the implementation of the UPC.
The Preparatory Committee met last week in Luxembourg to discuss a number of matters including the recruitment package for judicial appointments. Adverts for UPC judges should begin to appear from early next month. It is noted that UPC First Instance judges are to be paid in the region of 132,000 Euros per year and Court of Appeal judges will receive 144,000 Euros per year.
The Committee also discussed a draft code of conduct for practitioners. This code of conduct, which is not yet available for review, is expected to be signed towards the end of May. (more…)
A Bank holiday plus a torrential downpour must mean that summer’s just about over. Just in case you missed us over the last few weeks, here’s our summer round-up from mid-July through to the end of August. (more…)
Unitary Patent Package – The Ratification Game (Luxembourg completes its ratification formalities)
Update (22 May 2015)
According to the website of the Council of the European Union, Luxembourg has now deposited its instrument of ratification (on 22 May 2015) to become the seventh country to complete its ratification formalities. Luxembourg joins Malta, Denmark, Belgium, Sweden, France and Austria as one of the seven countries who have completed their ratification processes.
Regular readers will recall that we noted back in March that Luxembourg had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels. Now that Luxembourg 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!”).
UPC – Court fees and recoverable costs – some more detail
The UPC Court fees consultation was launched on 8 May 2015 and runs until midnight on 31 July 2015. Comments are requested, preferably in English, to email@example.com.
The consultation provides for a mixture of fixed and value based fees. There are also two proposals for amendment of Rule 370 (Court fees) of the Rules of Procedure along with a table of fees and a scale of ceilings for recoverable costs. (more…)
UPC Ratification: Mini update – Luxembourg
A number of sources are reporting that Luxembourg has ratified the Unified Patent Court Agreement. The proceedings in the Luxembourg Chamber of Deputies can be seen here. Although Luxembourg has ratified the UPC Agreement it has not, as of 26 March 2015 and according to the official EU Council UPC page, deposited its instrument of ratification in Brussels (so no update to IPcopy’s Ratification Game post just yet!).
Luxembourg is the seventh country to ratify after Austria, Belgium, Denmark, France, Malta and Sweden. The ratification session in the Chamber of Deputies also apparently confirmed that Luxembourg does not intend to create a local division (or presumably take part in a regional division). Actions that could have been been otherwise brought in Luxembourg will have to go the central division (Paris, London or Munich) instead.
Mark Richardson 26 March 2015
The Unitary Patent Package: Two Years On
This post is the final (fourth) part of a series of posts looking at what progress has been made in the two years or so since the two unitary patent regulations were adopted. As well as the material from the final post (The Unitary Patent), the material from previous posts (The Court, What Progress has there been?, What To Do Now?) is also included here into one bumper mega-post. For those of you that prefer something to print off a link is included at the bottom of this post to a PDF version of the article. (more…)
The Unitary Patent Package: Two years on. What progress has been made?
Back in December last year IPcopy started to take a look back at the unitary patent package and where we are in delivering this new unitary patent system. Our first “Where are we now?” post provided an overview of the Unified Patent Court itself. This entry asks what progress has there been on the road to getting the system up and running. Remember that although the original implementation date (end of 2014) was missed there has been some significant progress in delivering the new system. (more…)
Licences and Assignments of Unitary Patents and the Relevance of German Law
The law governing licences and assignments of future European patents with unitary effect (unitary patents) is determined by a residency/place of business test for applicants based in the states of the EU participating in enhanced cooperation (member states); German law will apply to licences and assignments for other applicants. This may sound esoteric, but will in fact be of practical significance to many UK-based practitioners, because many large corporations based outside the member states file all their patents in their own name, including for inventions devised by UK-based affiliates. (more…)