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Unitary Patent Package – Final texts
The final text of the Agreement on a Unified Patent Court has now been published by the Council of the European Union. The two regulations relating to the unitary patent have already been published. Links to all three documents are below and also on our unitary patent package page.
1) Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection – here.
2) Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements – here.
3) Agreement on a Unified Patent Court – here. Corrections to Agreement here and here.
Mark Richardson 17 January 2013
Unitary Patent Package – the national patent alternative
As noted in Emily Weal’s earlier post on the subject (see here) patent applicants will still have the option of opting out of the unitary patent package if desired and applying for direct national patents.
A note of caution was sounded in the earlier post highlighting that not all of the 25 European countries that are part of the unitary patent package permit national phase entry from a PCT application.
In this post we take a closer look at which countries you need to keep an eye on.
Unitary Patent Package – Q&A
This is IPcopy’s original Q&A post on the unitary patent package (published 20 December 2012). A more recent and updated version of this post, which was published on 10 April 2013, can be found here.
After last week’s vote in the European parliament (Note: this article was published 20 December 2012), it seems that the unitary European patent really is here to stay. Many of the finer details are yet to be sorted out, and there is plenty of speculation in the patent world right now as to how things will pan out over the next few years. But there’s also plenty that we now know for sure about how the unitary patent will work, and how it might begin to affect your IP decisions, so here on IPCopy are the answers to your burning questions (grab a hot beverage of your choice and get comfy – it’s a long one…!):
Unitary Patent & Unified Patent Court
Last week the pan-European Intellectual Property Summit (IP Summit) was held in Brussels and the first morning of the summit saw a number of discussions regarding the unitary patent and unified patent court. A common theme that seemed to crop up from anyone representing the official EU position was that the proposed unitary patent protection (UPP) package isn’t perfect but it’ll do! Hmm.
The opening keynote introduction was from Kerstin Jorna from the European Commission (Director, Intellectual Property – Internal Market & Services DG) who likened the UPP package to a cake that doesn’t look like the picture in the recipe book when you remove it from the oven. According to Ms Jorna in such circumstances we should ask ourselves whether the cake is fit to be served to our family! Apparently the UPP cake is fit to be eaten. Please insert your own joke here about too many cooks in the kitchen….
European Union Unitary Patent is a Few Centimetres Closer
With the relentless momentum of a rundown mobility scooter, the EU’s various legislative organs appear to be making progress in agreeing the final terms for a Regulation on the unitary patent and unified patent court. Compromises have been brokered and the word in Brussels is that the offending Articles 6-8 may be removed or replaced with something non-substantive. It appears that if the European Parliament adopts the Regulation in Mid-November then the Council may approve it in December or early January 2013. This could allow for the Regulation to come into force in the enhanced cooperation states of the EU (i.e. the EU less Italy and Spain) in late Spring of 2014.
IPcopy 