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UPC – still a long way to go…

brexit-1481028_1920On 26 April 2018, World IP Day, the UK surprised more than a few people by ratifying the UPC Agreement and in the process taking the total number of countries who have ratified the agreement to 16. The UK press release that accompanied this announcement stated “Our ratification brings the international court one step closer to reality”.

Since the ratification process only requires 13 member states, including France, Germany and the UK, to ratify then it might appear to some that German ratification is the only remaining obstacle to the unitary patent system going live.

However, IPcopy suggests that it is still too soon to be able to say if and when the system will come into force. (more…)

UPC Case Management System – a look at version 0.38

IMG_8533A couple of weeks ago IPcopy took a look at the Case Management System of the Unified Patent Court. Mere minutes after posting our article it was pointed out to us that the CMS had been updated! That update took the CMS to version 0.37.6. Having taken a look through v0.37.6, and wary that the CMS could be updated again, we prepared an update on the changes.

It turns out, however, that our wariness was not misplaced since a further update on the CMS has been released. The current version level is 0.38. How long this might last is anyone’s guess but there are hints that further functionality is planned (see below).

This post will therefore provide an overview of where we are now. Some of the updates discussed below appeared in v0.37.6 and some appeared in v0.38. We’ve pointed out where some things have changed between v0.37.6 and v0.38.

Unlike the apps which update on my smartphone the latest release of the CMS platform has not yet been accompanied by a helpful “What’s New” summary (an email containing fairly basic update information followed some days after the v0.36.7 update but so far nothing for v0.38).

So, we’ve imagined what it might look like if the CMS was an app in the App Store and tried to put a What’s New summary together for you (Note: as in our previous post this article is only looking at the opt-out part of the CMS. If you’ve seen any interesting issues elsewhere in the CMS then please let us know in the comments section).

IPcopy’s comments on the changes are in [italics]. (more…)

CIPA Seminar: Getting Practical with European Patents & the Unified Patent Court – Episode 1

IMG_8533-1This post provides an overview of the recent CIPA webinar: Getting Practical with European Patents & the Unified Patent Court – Episode 1 presented by Pippa Allen. This webinar was the first in a series about the unitary patent system. The next seminar is on Getting practical with European patents and the UPC EP2: managing the knowns and the unknowns of the “opt-out”. Future seminars will cover aspects of the unitary patent system referenced here in more detail, e.g. validity and infringement opinions and also a look at the Case Management System (CMS) that will be used to manage actions in front of the new Unified Patent Court.

It is noted that Getting Practical Episode 1 webinar was an extremely content rich presentation and IPcopy will not cover all aspects discussed. Interested readers are directed to the links at the bottom of the post for further information. (more…)

Johnson and Johnson provide path to UK’s ratification of the UPC Agreement

IMG_8533Jo Johnson, the Minister for Universities, Science, Research and Innovation, last week picked up responsibility for Intellectual Property (from Baroness Lucy Neville-Rolfe who has moved to a Treasury role). On Wednesday last week Mr Johnson appeared with Jenny Dibden (Director of Science & Research at BEIS) and Sean Dennehey (Acting CEO at UKIPO) at a House of Commons Science and Technology Committee session (video of the event can be found here).

The session was quite wide ranging with questions about the Government’s Industry Strategy Challenge fund, the state of innovation in the UK, the opportunities for collaboration between business and universities and the role of the UKIPO in assisting the public in protecting their inventions and IP.

The main event though, as far as IPcopy was concerned, was the exchange between Derek Thomas MP and Jo Johnson MP about the Unified Patent Court. (more…)

UPC Court Delivers Swift Justice

EU flagOn 2nd April 2015 we saw, for the first time, an approximation of the Unified Patent Court (UPC) in action during an excellent live-from-Paris webinarized event set up by a plethora of French IP institutions. Indeed, the sheer number of acronymical institutions (thirteen!) representing the interests of the French IP industry was almost as impressive as the high quality of the broadcast itself. (more…)

The Unitary Patent Package: Two years on. What progress has been made?

EU flagBack 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…)

Unitary Patent: News Nuggets (ERA Conference – December 2014)

EU flagOn 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…)

UPC Ratification Progress in the Czech Republic & the Polish Economic Report

EU flagBack in July we reported that although there was a political will in the Czech Republic to ratify the Unified Patent Court Agreement, there was likely to be a delay until an economic impact assessment could be carried out. Such an assessment in turn could not happen until details of the renewal fees, court fees etc. were published.

The Kluwer Patent Blog is now also reporting that, in addition to the economic factors, there is an issue over the quality of machine translations into Czech. (more…)

Unitary patent: Spain stops play?

Unified patent courtOn 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…)

Unitary patent: Nuggets of News

EU flagSome unitary patent related news bites today relating to the ratification process and some articles from Ingve Stjerna on the background to the unitary patent package.

Dr Ingve Björn Stjerna is a German attorney operating in the area of patent litigation. Ingve has been following the progress of the unitary patent system with a keen eye and may be familiar to readers as the author of the articles: “Law-making in camera, article on the doubtful understanding of transparency and democracy in the legislative process for the “unitary patent” package” and the optimistically titled “The “sub-sub-suboptimal compromise” of the EU Parliament, article on the Special Meeting of the Legal Affairs Committee on 19 November 2012”.

Ingve has recently dropped IPcopy a couple of notes to highlight a couple of new entries on his website. (more…)