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Inclusivity, accessibility and the UPC CMS platform
Much has been written recently about the case management system for the Unified Patent Court, both on this blog and elsewhere (Kluwer blog). However, as well as issues with identifying eIDAS providers who can meet the requirements of the UPC’s strong authentication system and also provide remote identification services, IPcopy notes that the “remote ID” solutions being offered involve requirements that potentially make them inaccessible or unusable for some people.
Having recently gone through the remote ID process with one of these providers, this blog notes that, while it may be relatively painless for most users, it may be unusable for some disabled people. The fallback identification options for the provider we used require either a face-to-face visit to their premises or the services of a notary. Such fallback options will add a layer of complexity and cost.
(more…)Are the UPC rules on opt out flawed?
With the UPC sunrise period due to start on 1 January 2023, the patent profession is anticipating filing many advance opt out requests in respect of their clients’ existing EP patents.
However, is there a flaw in the opt out rules that means some EP patents will require a lot more work before they can be opted out or even make it impossible to opt some patents out? (more…)
UPC Case Management System – not ready for primetime?
The UPC Preparatory Committee has announced a potential start date of 1 April 2023 for the unitary patent system with the sunrise period scheduled to start on 1 January 2023.
A key part of the UPC will be a fully functional case management system but there are unfortunately many unanswered questions regarding this IT platform with many patent attorneys in the dark about how to efficiently lodge bulk opt out requests and, with less than three months to go before the sunrise period is scheduled to start, a need to get to grips with the recently announced strong authentication system requirements. (more…)
Obstacles remain for the Unitary patent system and the Unified Patent Court
Last week ratification legislation for the Unified Patent Court Agreement (UPCA) entered into force in Germany. This move follows years of delays caused by challenges to the UPCA in the German Federal Court.
On the face of it, the path to a functioning unitary patent system seems clear and a new operational start date of “around mid-2022” has been published by the UPC Preparatory Committee. However, a number of further steps and obstacles remain, some of which seem more than just formalities. (more…)
UPC Ratification: The UK completes its ratification formalities
According to the website of the Council of the European Union (and just about every other official IP channel), the UK deposited its instrument of ratification (on 26 April 2018) to become the 16th country to complete its ratification formalities. The UK joins Latvia, Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the sixteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. However, the German Constitutional Court challenge has thrown the timescale and the long term future of the unitary patent system into doubt.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if Germany completes its own ratification procedures and sufficient approvals to the PPA are obtained.
(more…)
Mark Richardson 27 April 2018
Unitary Patent Package – The Ratification Game (Lithuania completes its ratification formalities)
Update (25 August 2017)
According to the website of the Council of the European Union, Lithuania has now deposited its instrument of ratification (on 24 August 2017) to become the 14th country to complete its ratification formalities. Lithuania joins Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the fourteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The EU Referendum in the UK threw the timescale into doubt last year and the Preparatory Committee recently noted that there are some additional hurdles to be overcome before the system can go live, namely securing enough approvals to the Protocol on Provisional Application (PPA) and the resolution to the challenge in the German Constitutional Court. Despite these issues the Preparatory Committee still seem to be working toward the sunrise period at the UPC starting in early 2018.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if the UK and Germany complete their own ratification procedures and sufficient approvals to the PPA are obtained.
Now that Lithuania 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!”).
(more…)
Unitary Patent Package – The Ratification Game (Estonia completes its ratification formalities)
Update (2 August 2017)
According to the website of the Council of the European Union, Estonia has now deposited its instrument of ratification (on 1 August 2017) to become the 13th country to complete its ratification formalities. Estonia joins Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the thirteen countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The EU Referendum in the UK threw the timescale into doubt last year and the Preparatory Committee recently noted that there are some additional hurdles to be overcome before the system can go live, namely securing enough approvals to the Protocol on Provisional Application (PPA) and the resolution to the challenge in the German Constitutional Court. Despite these issues the Preparatory Committee still seem to be working toward the sunrise period at the UPC starting in early 2018.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if the UK and Germany complete their own ratification procedures and sufficient approvals to the PPA are obtained.
Now that Estonia 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!”).
(more…)
Unitary Patent Package – The Ratification Game (Italy completes its ratification formalities)
Update (13 February 2017)
According to the website of the Council of the European Union, Italy has now deposited its instrument of ratification (on 10 February 2017) to become the 12th country to complete its ratification formalities. Italy joins the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the twelve countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. Although the EU Referendum in the UK threw the timescale into doubt, the Preparatory Committee recently confirmed that the target date for the unitary patent system to go live is December 2017.
There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if just the UK and Germany complete their own ratification procedures.
Now that Italy 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!”).
(more…)
Unitary Patent Package – The Ratification Game (The Netherlands completes its ratification formalities)
Update (15 September 2016)
According to the website of the Council of the European Union, the Netherlands has now deposited its instrument of ratification (on 14 September 2016) to become the 11th country to complete its ratification formalities. The Netherlands joins Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eleven countries who have completed their ratification processes.
The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The target date for the unitary patent system was May 2017 but the result of the EU Referendum in the UK has thrown the timescale into doubt.
There are now enough countries to have ratified the the unified patent court agreement that the system will come into effect if just the UK and Germany complete their own ratification procedures. If the UK (and Germany) were to do this then it would open up a question about what will happen to the UK once Brexit happens. If the UK decides not to ratify the UPC agreement then the system will be on pause until either Brexit occurs or the various unitary patent agreements can be re-negotiated to remove the problems caused by the results of the UK’s EU Referendum from the equation.
Now that the Netherlands 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!”).
(more…)
Portugal ratifies the UPC Agreement
From IPcopy reader Gonçalo Paiva e Sousa comes news that the Portuguese president has apparently ratified the UPC Agreement.
Gonçalo’s comment in full reads:
“The Portuguese president has ratified the UPC Agreement, after the parliament approval. It is now official that Portugal has ratified the Unitary Patent Court Agreement – Presidential Decree n.º 90/2015 dated August 6, 2015.”
IPcopy 