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Inclusivity, accessibility and the UPC CMS platform

An image of the EU flag

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.

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Are the UPC rules on opt out flawed?

IMG_8533-1With 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?

IMG_8533-0The 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

IMG_8533-1Last 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…)

It’s the end of the UPC as we know it (and I don’t feel fine)

IMG_8533The unitary patent project and the Unified Patent Court have been limping along in recent years ever since the result of the UK referendum on EU membership and the filing of the German constitutional court challenge against the UPC legislation.

This blog has been less than positive (1, 2) about the prospect of either the UK staying in the system or even the outlook for the project as a whole and yesterday it became clear that, contrary to previous slightly more positive murmurings from the UK Government, the UK has now decided it will not be moving forward in the Unified Patent Court system. Despite the lack of an official announcement the news seemed to pop up online and in IPcopy’s messages from a number of different sources yesterday and IAM Magazine later reported that the Prime Minister’s Office confirmed that the UK would not be participating in the UPC system. (more…)

Has Brexit scuppered the UPC?

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The unitary patent system is aiming to create a European patent registration and litigation system. To bring the whole system into being, 13 EU member states, including France, Germany and the UK, need to ratify the UPC agreement and currently 16 member states (including France, the UK but crucially not Germany) have done so.

For some time, the unitary patent project has been stalled because an ongoing legal challenge in Germany has prevented Germany’s ratification process from being completed. In addition to this, the fallout from the UK’s Brexit vote has also cast a sense of uncertainty over the planned system because the unitary patent system is only, in its current form, open to EU member states to join. The UK’s expected departure from the EU therefore casts some doubt on whether the system will even take place.

In the face of the above two challenges however the UPC Preparatory Committee has continued to make technical and operational preparations in anticipation of a positive result from the German Constitutional Court.

Recently however the German Federal Ministry of Justice made a statement to the German Parliament indicating that an examination of the UK’s exit from the EU on the proposed unitary patent system will need to take place before ratification can occur. (more…)

UK Government White Paper – Brexit and Intellectual Property (IP)

Brexit, the UK Government’s real time demonstration of how not to conduct an international negotiation, rumbles on. The last two weeks have seen a “collective” stance on a Brexit plan thrashed out at Chequers, the subsequent resignations of David Davis and Boris Johnson who it seems weren’t quite ready to be part of May’s Collective, the visit of the US President who apparently suggested that the UK should sue the EU and, perhaps most tellingly of all, a sign on a broken toilet door in the Commons which not unreasonably asked “If we can’t fix a toilet in six weeks, what are our chances of negotiating Brexit in eight months? Just asking.” (I’m not joking. Picture at the bottom of this post!)

As well as all of the above and in amongst the usual chaos of knife edge votes in the Commons and a former Cabinet Minister asking for a second Referendum (surely if that happens we need best of three?), the UK Government published its White Paper on “The Future Relationship Between the United Kingdom and the European Union”. The White Paper mentions a little bit about IP so let’s dive in. (more…)

CIPA Seminar: Unitary Patent and Unified Patent Court for Attorneys

IMG_8533-0The CIPA seminar series relating to the unitary patent and Unified Patent Court resumed last week with the session “Unitary Patent and Unified Patent Court for Attorneys”. This session, which was presented by Julia Gwilt, took a look at the ways in which the unitary patent system may impact the way that European Patent Attorneys will need to work.

The session provided a quick overview of the unitary patent system and then took a closer look at the procedure before the EPO (when requesting unitary effect) and the procedure before the Unified Patent Court (when requesting or withdrawing an opt-out).

We won’t cover the basics of the unitary patent system again here and readers wanting a quick recap of the system are invited to check out IPcopy’s report on the first CIPA seminar on this subject which can be found here. (more…)

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 Ratification: The UK completes its ratification formalities

EU shirt2According 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.

Infographic UK

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Mark Richardson 27 April 2018