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Tag Archives: UPC agreement

Holding on for a unitary patent

IMG_8533After a five month Brexit induced wobble the unitary patent system appears to be heading toward lift off and is once again figuring in the plans of some patent owners.

Indeed, in the last week, IPcopy was asked whether a currently pending European patent application would be eligible for unitary patent status or if there was a risk it might grant before the system goes live.

In this post we take a quick look at what makes a European patent eligible for unitary effect on grant and how the unitary patent system timescale matches up with the European patent process. (more…)

UPC update – February 2017

IMG_8533-1IPcopy recently attended two events that discussed updates to the Unitary patent and Unified Patent Court: CIPA’s “The UPC: Where we are and Why” and the Westminster Legal Policy Forum’s “The future for the UK’s patent framework”.

The CIPA event included presentations from Kevin Mooney (Simmons & Simmons and Chairman of the Drafting Committee of the Rules of Procedure of the UPC), Dr Laura Starrs (UK Intellectual Property Office) and Tony Rollins (CIPA President) and the WLPF event included contributions from Kevin Mooney, Tim Frain (Nokia), Tony Rollins, Matt McBrien (BAE Systems) and Margot Fröhlinger (EPO).

IPcopy has summarised some of the points below. (more…)

UK signs Protocol on Privileges and Immunities (Unified Patent Court update)

IMG_8533-1My post last week covered the steps remaining for the UK to ratify the UPC Agreement. Number 1 in that list was signature by the UK of the Protocol on Priviliges and Immunities. Also mentioned in point 1 of the list was the expectation that the UK government’s regular email updates of the process would also recommence.

IPcopy is pleased to note that both  items were crossed off the list last Thursday when an email from the IPO arrived that confirmed the UK had signed the Protocol in Brussels on 14 December. Additionally the email noted that the preparations for laying the necessary legislation have started up again.

IPcopy understands that a number of people in the UPC Taskforce were reassigned following the Referendum result. A new project team has been put together to deliver the ratification work including Liz Coleman (Lead), Dr Laura Stars (Policy Lead), Jonathan England (Operations Manager Aldgate Tower) and Helen Treharne (Communications).

Further updates are expected from the IPO in the New Year but the next Executive Group meeting of the Preparatory Committee is scheduled for 11 January.

Mark Richardson 20 December 2016

The UK and UPC: is the UK trying to have its cake and eat it?

GB+EU flagIs the UK serious about ratifying the UPC Agreement?

Last week the UK announced at an EU Competitiveness Council meeting that it was proceeding with preparations to ratify the Unified Patent Court Agreement (UPCA). This announcement was greeted with some surprise but seemed to be generally viewed as “a good thing”: the unitary patent system could get back on track, the UK and Germany could ratify the agreement and we might see the first unitary patents rolling off the production line some time in the back half of 2017.

There was, however, some cynicism expressed online with some commentators pointing out that the official announcement is, when you really look at it, pretty light on actual detail1.

Now, I’m not one to shy away from a good healthy dose of cynicism but I thought the announcement was actually heralding the restarting of the ratification process. However, I’ve recently heard some background to the announcement which has made me wonder – “Is the UK trying to have its cake and eat it?” (more…)

Unitary Patent Package – The Ratification Game (Bulgaria completes its ratification formalities)

EU shirt2Update (7 June 2016)

According to the website of the Council of the European Union, Bulgaria has now deposited its instrument of ratification (on 3 June 2016) to become the tenth country to complete its ratification formalities. Bulgaria joins Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the ten countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify including the UK, France and Germany meaning that just the UK, Germany and one other country are required to ratify to bring the unitary patent system into effect. The target date for the unitary patent system is currently May 2017.

Bulgaria UPC

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UPC developments: Wragge Lawrence Graham & Co’s Patents Seminar

IMG_8533-1The always entertaining and informative Wragge Lawrence Graham & Co’s annual patents seminar was held last week and included a round-up of recent developments relating to the unitary patent and UPC. (more…)

Unitary Patent Package – The Ratification Game (Finland completes its ratification formalities)

EU shirt2Update (19 January 2016)

According to the website of the Council of the European Union, Finland has now deposited its instrument of ratification (on 19 January 2016) to become the ninth country to complete its ratification formalities. Finland joins Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the nine countries who have completed their ratification processes.

The unitary patent system of course requires 13 countries to ratify including the UK, France and Germany.

UPC Finland

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Unitary Patent Package – The Ratification Game (Portugal completes its ratification formalities)

EU shirt2Update (1 September 2015)

According to the website of the Council of the European Union, Portugal has now deposited its instrument of ratification (on 28 August 2015) to become the eighth country to complete its ratification formalities. Portugal joins Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eight countries who have completed their ratification processes.

Regular readers will recall that we noted last month that Portugal had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels.  Now that Portugal 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!”).

ratification August 2015

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Portugal ratifies the UPC Agreement

IMG_8533From 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.”

The text of the announcement can be found here. (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…)