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Unitary patent and UPC news round-up
Here’s a selection of unitary patent and UPC flavoured news items that we’ve seen in the last few weeks:
Opt out fee
The regulations and agreements surrounding the unitary patent package have been picked over many times which has resulted in discussions about “hard coded bifurcation“, the Malta problem and just what the “exclusive competence” of the UPC means. To add to that list we now have the question: “Just what is the legal basis for the opt out fee?” (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!”).
The Unitary Patent Package: Two years on, what to do now?
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 and the second post looked at the progress there had been towards delivering the system. 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 Unitary Patent Package: Two years on. Where are we now? (Overview of the Court)
Back in December 2012 it was announced, in an historic agreement, that the European Parliament had adopted two regulations relating to the creation of the unitary patent. A third element of the unitary patent package, the agreement on the unified patent court, was signed in February 2013 and the EPO expected the first unitary patent to roll off the production line in Spring 2014. It’s now nearly the end of 2014 and we’ve not met the original, highly ambitious implementation date but there has been significant progress in delivering the new system.
Starting this week IPcopy is taking a look (in traditional IPcopy Q&A styleTM) at what the unitary patent package is and where we are. Unbelievably we’ve never really covered the actual structure of the new Unified Patent Court and so here, as your starter for 10, is an overview of the UPC itself. (more…)
Unitary Patent Package – The Ratification Game (Malta Ratifies the UPC Agreement)
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!”).
Unitary Patent: News Nuggets (ERA Conference – December 2014)
On 4th and 5th December IPcopy attended the ERA conference “Preparing for the Unitary Patent Package” at the Old Hall in Lincoln’s Inn*.
The latest progress and developments relating to the implementation of the Unitary Patent Package (UPP) were on the menu and the conference included a distinguished group of speakers, many of whom are involved directly in the implementation process. We’ll try and post some more in depth comment in the next week or so on a couple of the talks/subjects discussed but in the meantime here’s some nuggets of news…. (more…)
Unitary patent: 17th Draft of Rules of Procedure – What’s changed?
The 17th draft of the Rules of Procedure of the Unified Patent Court Agreement appeared online recently in advance of the oral hearing in Trier tomorrow (26 November 2014). We’ve taken a quick look over the changes to highlight a few points that have changed. (more…)
Unitary patent: AG’s Opinion (Spanish Challenges) Re-scheduled for November
The CJEU court diary has just been updated* to show that the Advocate General’s opinion relating to the Spanish challenges to the unitary patent package (in cases C-146/13 and C-147/13) is now scheduled for 18 November 2014.
An early Christmas present beckons for either Spain or the EPO…..
The CJEU court diary can be accessed here. Screengrab below. (more…)
Unitary patent: Spain stops play?
On Monday we posted an update on the progress of the two actions before the CJEU from Spain in respect of the Unitary Patent Package (short summary: the Advocate General’s decision has been delayed). We subsequently received a notice from Dr Ingve Stjerna relating to his latest paper on the unitary patent (Regular readers will be aware that Dr Stjerna has written a number of articles on the unitary patent system which can be accessed here). (more…)
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