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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…)
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…)
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!”).
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…)
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
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…)
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…)
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…)
Update (10 December 2014)
According to the website of the Council of the European Union, Malta deposited its instrument of ratification on 9 December 2014 to become the sixth country to complete its ratification formalities. Malta joins Denmark, Belgium, Sweden, France and Austria as one of the six countries who have completed their ratification processes.
Now that Malta has joined the “ratification” group it means that the “Malta Problem”, which is discussed in depth here, will kick in once the unitary patent system is up and running. In a nutshell, no European patent application filed before 1 March 2007, and which is still pending, will be eligible to become a unitary patent (assuming it grants after the unitary patent system goes live).
Recent unitary patent themed seminars have given the impression that additional UPC ratifications in 2014 were unexpected so this news is something of a surprise. However, we had heard suggestions back in January this year that Malta might have ratified. If the news story we picked up on earlier in the year was correct then presumably Malta delayed depositing its instrument of ratification for nearly a year for some reason.
IPcopy’s ratification infographic has been updated to reflect the news from Malta (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).