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German parliament passes UPC privileges and immunities legislation

27 April 2017

Gemma Barrett

The draft law (bill 18/11238) to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) received its final reading in the Bundestag (parliament) today and was approved in the final vote.  The PPI wil... Read more

Belgium issues new Declaration of provisional application of UPC Agreement

27 April 2017

Dominic Adair

As reported here, Belgium recently issued a Declaration that it would apply on a provisional basis from 15 May 2017 certain Articles of the Unified Patent Court (UPC) Agreement but two Articles were erroneously omitted from the list. Belgium has now ... Read more

German parliament to vote on UPC privileges and immunities legislation

20 April 2017

Gemma Barrett

The draft law (bill 18/11238) to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) is listed for its final reading and vote in the Bundestag (parliament) on 27 April 2017.  As stated by the Bund... Read more

Latvia’s law to ratify UPC Agreement to enter into force on 1 January 2018

13 April 2017

Andrew Bowler

The law enabling Latvia to ratify the Unified Patent Court (UPC) Agreement was adopted by the Saeima (Latvia’s unicameral parliament) in its third reading on 30 March 2017 and yesterday received Presidential assent here.  However, this fin... Read more

Recent amendments to the UPC Rules of Procedure

12 April 2017

Laura von Hertzen

The version of the 18th draft of the Rules of Procedure of the Unified Patent Court (UPC) published on 10 April 2017 includes the amendments agreed by the Preparatory Committee in its meeting on 10 October 2016 and in its final meeting on 15 March 20... Read more

UPC Rules of Procedure published

10 April 2017

Robert Burrows

The latest version of the Unified Patent Court (UPC) Rules of Procedure has been published on the News section of the UPC Preparatory Committee website. Although the document is entitled the 18th draft of 19 Oct 2015, the text has been revised by the... Read more

Germany’s UPC privileges and immunities legislation progresses

6 April 2017

Richard Pinckney

Although, as reported here, the laws authorising Germany to ratify the Unified Patent Court (UPC) Agreement and to amend the national patent law have been approved by the Bundestag (parliament) and the Bundesrat (Federal Council), the draft law (bill... Read more

UK confirms it is on track to meet UPC timetable

5 April 2017

Liz Cohen

The UK IPO has confirmed that the government’s preparations for ratification of the Unified Patent Court (UPC) Agreement are “fully on track” to allow the provisional application phase to start in May and the Court to open in Decemb... Read more

Bundesrat approves German UPC laws

3 April 2017

Richard Pinckney

Following approval by the Bundestag (Germany’s parliament) on 9 March 2017, the Bundesrat (Federal Council) also approved the two laws required for Germany to ratify the Unified Patent Court (UPC) Agreement on 31 March 2017.  One law (Druc... Read more

Belgium consents to provisional application of UPC Agreement

30 March 2017

Dominic Adair

The Council of the EU has today recorded a declaration by Belgium concerning the provisional application of the Unified Patent Court (UPC) Agreement (which Belgium ratified in June 2014).  In the declaration, Belgium undertakes to apply on ... Read more

UPC legislation progresses in Latvian parliament

30 March 2017

Andrew Bowler

A draft law enabling Latvia to ratify the Unified Patent Court (UPC) Agreement has today been passed in its second reading in the Saeima (Latvia’s unicameral parliament).  The vote was unaminously in favour of the bill, following agreement... Read more

European Parliament Legal Affairs Committee’s hearing on the unitary patent

30 March 2017

Alan Johnson

In its meeting on 22/23 March 2017, the European Parliament Legal Affairs Committee held a hearing on ‘The Unitary Patent: state of play’ (recording here).  There were three guest speakers: Benoît Battistelli (President of the ... Read more

Greece moves towards participating in Unified Patent Court

28 March 2017

Dominic Adair

Although Greece was one of the original signatories to the Unified Patent Court (UPC) Agreement on 19 February 2013, there has been little news of any progress towards its ratification of the Agreement. However, this month there have been two signifi... Read more

Spanish government provides its reasons not to join the unitary patent and UPC system

22 March 2017

Manuel Rey-Alvite Villar

As reported here, earlier this month the Committee on Economy, Industry and Competitiveness of the Spanish Congress of Deputies (the Spanish parliament’s lower chamber) approved a non-legislative motion calling on the government to join the uni... Read more

UPC Preparatory Committee reports on its final meeting

16 March 2017

James Boon

The Preparatory Committee of the Unified Patent Court (UPC) has reported (here) on its meeting yesterday.  This was its final meeting before the Provisional Application Phase (PAP), when it will hand over the preparations to UPC committees. ... Read more

German parliament passes two bills required for UPC ratification

10 March 2017

Richard Pinckney

The Bundestag (German parliament) yesterday passed two pieces of draft legislation required for Germany to ratify the Unified Patent Court (UPC) Agreement.  One (bill 18/11137) will actually authorise ratification of the Agreement and the other ... Read more

Germany progresses UPC privileges and immunities legislation

9 March 2017

Richard Pinckney

A draft law (bill 18/11238) to enable Germany to ratify the Protocol on Privileges and Immunities of the Unified Patent Court (PPI) is listed (item 56) on the agenda of the Bundesrat (Federal Council) to be voted on today.  If today’s vote... Read more

Spanish parliament calls on the government to join the unitary patent and UPC system

7 March 2017

Manuel Rey-Alvite Villar

On 7 March 2017 the Committee on Economy, Industry and Competitiveness of the Spanish Congress of Deputies (the Spanish parliament’s lower chamber) debated and approved a non-legislative motion calling on the government to join the unitary pate... Read more

Draft UPC laws continue passage through German parliament

28 February 2017

Richard Pinckney

The Bundestag (German parliament) will next week debate and vote on the draft legislation required for Germany to participate in the unitary patent and Unified Patent Court (UPC) system.  There are two draft laws: bill 18/11137 to authorise rati... Read more

Isle of Man UPC Order published

27 February 2017

Dominic Adair

The delegated legislation required to extend the effects of the Unitary Patent and the Unified Patent Court (UPC) system to the Isle of Man was laid before Parliament on 22 February 2017 (here). As reported on 4 March 2016, the publication of this se... Read more

Italy signs UPC Provisional Application Protocol and other countries urged to do so to enable UPC to open in 2017

21 February 2017

Richard Pinckney

In yesterday’s EU Competitiveness Council meeting the implementation of the unitary patent and Unified Patent Court (UPC) system was discussed, and there was a call for those countries which have already ratified the UPC Agreement to also conse... Read more

Parliamentary motion calls on Spanish government to reconsider joining the unitary patent and UPC systems

20 February 2017

Manuel Rey-Alvite Villar

The unitary patent and Unified Patent Court are tabled to return to the Spanish political agenda following the submission on 13 February 2017 of a non-legislative motion by political party PSOE (in the opposition) which calls on the Spanish governmen... Read more

UPC IT system developments continue

14 February 2017

Luke Maunder

The Unified Patent Court (UPC) IT team announced on 10 February 2017 the following: Several updates to the beta test site of the UPC Case Management System have been released. These include the functionality to generate a list of documents for a ... Read more

Italy deposits its instrument of ratification of the UPC Agreement

13 February 2017

Edward Nodder

Italy deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPC) with the General Secretariat of the Council of the EU on 10 February 2017.  Italy had already announced last autumn that it would be hosting a l... Read more

Draft legislation for ratification of UPC on German parliament’s agenda

8 February 2017

Richard Pinckney

Germany’s draft legislation authorising ratification of the Agreement on the Unified Patent Court (UPC) is listed on the agenda (here) for next week’s sitting (15-17 February) of the Bundestag (German parliament).  As reported here, ... Read more

The UK and the Netherlands continue preparations for the UPC

24 January 2017

Andrew Bowler

The Protocol on Privileges and Immunities of the Unified Patent Court (PPI) will give legal personality to the Court and provide the Court and its judges, Registrar and other staff with the various privileges and immunities.  In order to come in... Read more

UPC to open December 2017

16 January 2017

Alan Johnson

The UPC Preparatory Committee has posted the news here that the UPC is expected to open in December. Since Article 89 of the UPC Agreement provides for the opening of the court on the first day of a month, the target opening date is presumed to ... Read more

New UK IP Minister questioned on the UPC

12 January 2017

Andrew Bowler

The UK IPO confirmed yesterday that the new Minister responsible for IP is Jo Johnson, Minister of State for Universities, Science, Research and Innovation. He was the Minister responsible recently for the passage of the Threats Bill in the... Read more

Germany restarts legislative process for ratification of the UPC Agreement

22 December 2016

Andrew Bowler

Two draft bills to enable Germany to participate in the unitary patent and Unified Patent Court (UPC) system had been passing through the Bundestag (German parliament) for several months earlier this year, one to authorise ratification of the UPC Agr... Read more

New UK IPO project team works to bring the UPC into operation as soon as possible

15 December 2016

Edward Nodder

Following the UK government’s announcement on 28 November that it will continue with preparations to ratify the Unified Patent Court (UPC) Agreement over the coming months and to work with the UPC Preparatory Committee to bring the UPC into ope... Read more

UK signs UPC Immunities and Privileges Protocol

15 December 2016

Richard Pinckney

The UK yesterday took the first substantive step since the announcement on 28 November that it intends to ratify the UPC agreement.  It has signed the ‘Protocol on Privileges and Immunities of the Unified Patent Court' which is re... Read more

IP Federation calls for urgent work to enable the UK to stay in the UPC after Brexit

7 December 2016

Alan Johnson

Following the announcement of the UK’s intention to ratify the Unified Patent Court Agreement, the IP Federation (which represents the views of UK industry in IP matters) has published its response here.  IP Federation recognises the poten... Read more

Latvian parliament to consider draft legislation to ratify the Agreements on the UPC and its Nordic-Baltic regional division

29 November 2016

Andrew Bowler

The Latvian government recently submitted to the Saeima (Latvia’s unicameral parliament) draft legislation necessary to ratify the Agreement on a Unified Patent Court (UPC) and the Agreement on a Nordic-Baltic regional division of the UPC (whic... Read more

Italian legislation to ratify the UPC Agreement now in force

29 November 2016

Edward Nodder

The legislation enabling Italy’s ratification and implementation of the Agreement on a Unified Patent Court (UPC) came into force on 25 November 2016, having been published the previous day in Italy’s Official Gazette here.  The Law ... Read more

UK to ratify the UPC Agreement

28 November 2016

Alan Johnson

At the Competitiveness Council meeting today the UK announced that it intends to ratify the UPC Agreement and stated in a press release that: “The UK will continue with preparations for ratification over the coming months.  It will be w... Read more

Competitiveness Council to discuss UPC next Monday, 28 November 2016 – announcement expected on UK participation

22 November 2016

Alan Johnson

In the EU Council’s press release listing the main topics to be discussed in its meetings this week and next, the unitary patent and Unified Patent Court (UPC) system is one of four topics listed for discussion by the EU Competitiveness Council... Read more

Finland’s parliament adopts legislation to establish UPC local division in Helsinki

17 November 2016

Richard Pinckney

Following Finland’s ratification of the Agreement on a Unified Patent Court (UPC) on 19 January 2016, the government issued on 26 May a legislative proposal (Bill 87 2016) to enable establishment of a local division of the UPC in Helsinki. The ... Read more

Lithuania moves towards ratification of the Agreements on the UPC and its Nordic-Baltic regional division in July 2017

16 November 2016

Edward Nodder

Two bills concerning the Unified Patent Court (UPC) were passed by the Seimas (Lithuania’s unicameral parliament) on 3 November 2016, and registered in the Registry of Legal Acts on 8 November 2016. One was the Law on ratification of the Agreem... Read more

UPC division in Milan to be ready by mid-June 2017

10 November 2016

Myles Jelf

The Preparatory Committee of the Unified Patent Court (UPC) has reported (here) that the Italian authorities have formally selected the second floor of the new Milan Courthouse (Via San Barnaba n. 50, Milan) as the location of the local division of t... Read more

Court rules that UK government cannot trigger Brexit without reference to Parliament – impact on UPC?

3 November 2016

Andrew Bowler

Of the possible effects of the UK leaving the EU, the impact on the proposed unitary patent and Unified Patent Court (UPC) system is not one of the most high profile, but it is significant to the intellectual property community, including many busine... Read more

Select Committee reports on Unitary patent preparations

2 November 2016

Richard Pinckney

The EPO Select Committee has reported here that in its meeting on 25 October 2016 it unanimously approved the ‘Administrative instructions under Article 7 of the Rules relating to the Distribution of Fees amongst the participating member states... Read more

Italian parliament approves bill on ratification of the UPC Agreement

19 October 2016

Edward Nodder

The Senate of the Republic of Italy, one of the two chambers of the Italian parliament, voted and approved draft legislation to enable Italy to ratify the UPC Agreement, yesterday afternoon (bill here). Senators supported the passing of the bill... Read more

Preparatory Committee to postpone the recruitment of UPC judges

17 October 2016

Edward Nodder

As announced after its 18th meeting last week (reported here), the UPC Preparatory Committee has today released an update (here) on the status of the judicial recruitment process. Having acknowledged that the outcome of the EU referendum in the UK wi... Read more

UK’s Labour Party asks government about its intentions regarding the UPC

12 October 2016

James Boon

In a letter sent yesterday to the UK government’s “Brexit” Secretary (the Conservative Party’s David Davis, Secretary of State for Exiting the European Union), the Labour Party’s shadow Foreign Secretary and shadow "... Read more

UPC Preparatory Committee continues work

12 October 2016

Alan Johnson

In the report (here) of its meeting in Paris on Monday, the Preparatory Committee of the Unified Patent Court (UPC) states: “The Committee took the opportunity to discuss the road ahead given the uncertainty that has arisen following the refere... Read more

Location of Italy’s local division of the UPC announced

11 October 2016

Myles Jelf

In a press release (here) on 7 October 2016, the Italian Ministry of Justice announced that the Unified Patent Court (UPC) in Milan will be located in an existing court building at via San Barnaba 50.  The release explains that the building is a... Read more

Slovenian law to ratify the UPC Agreement officially published

7 October 2016

Manuel Rey-Alvite Villar

As reported earlier this week (here), legislation enabling Slovenia to ratify the Agreement on a Unified Patent Court recently received presidential assent following its approval by the Slovenian parliament.  The legislative process was formally... Read more

Further updates to the UPC Case Management System released

4 October 2016

Luke Maunder

The Unified Patent Court (UPC) IT team released several updates to the beta test site of the UPC Case Management System last week.  The UPC Preparatory Committee had already reported the previous week (Implementing the Patent package, Fifth prog... Read more

Slovenia passes law on ratification of the UPC Agreement

3 October 2016

Manuel Rey-Alvite Villar

Draft legislation enabling the Republic of Slovenia to ratify the Agreement on a Unified Patent Court was signed into law by the President of the Republic last Friday, 30 September 2016 (see here).  The ratification bill was approved by the Nati... Read more

Call for action on the UPC

30 September 2016

Alan Johnson

The press release from the 3485th meeting of the EU Competitiveness Council of 29 September 2016 records that calls for the swift entry into force of the UPC were made by several delegations [see page 10 here]. Read more

Views on UPC expressed ahead of today’s Competitiveness Council meeting

29 September 2016

Vanessa Rieu

As reported here, the topic of the proposed unitary patent and Unified Patent Court (UPC) system is on the agenda of today’s EU Competitiveness Council meeting, and in advance of this meeting several letters have been sent from organisations ex... Read more

German Bar Association urges quick decision from UK on UPC ratification

28 September 2016

Alan Johnson

The Deutscher Anwaltverein (DAV, the German Bar Association, which represents more than 66,000 German lawyers) has published a Position Paper (58/2016) relating to the proposed Unified Patent Court (UPC) system, which it has sent to the Competitive C... Read more

Report to EU Competitiveness Council on status of UPC system

27 September 2016

Edward Nodder

The Council of the EU has published today the background brief for the Competitiveness Council meeting this Thursday, 29 September 2016.  The topic of the proposed unitary patent and Unified Patent Court (UPC) system is scheduled in the meeting&... Read more

Draft UPC EPLC Rules amended to include additional Italian qualification

27 September 2016

Liz Cohen

The Preparatory Committee of the Unified Patent Court (UPC) has recently announced its decision to add a further qualification which would allow a European Patent Attorney to represent a party in the UPC during a transitional period (of one year from... Read more

AIPPI hosts mock UPC proceedings

22 September 2016

Dom Adair

In addition to the fascinating debate on Brexit and the UPC (reported here), AIPPI's standing committee on the unitary patent and UPC hosted a mock preliminary injunction application in Milan this week. The subject matter was two patents relating... Read more

AIPPI holds debate on Brexit and the UPC

20 September 2016

Edward Nodder

AIPPI's standing committee on the UPC and unitary patent (chaired by Alan Johnson) held a session on Brexit and the UPC at the AIPPI Annual World Congress in Milan today, providing the first opportunity for a public discussion on this vital issue... Read more

Italian bill to ratify UPC Agreement approved by one chamber of parliament

15 September 2016

Alan Johnson

The Chamber of Deputies (one of the two chambers of Italy’s parliament) yesterday approved draft legislation to enable Italy to ratify the Agreement on a Unified Patent Court (UPC).  The draft legislation (Bill 3867) must now be approved b... Read more

The Netherlands notifies ratification of the UPC Agreement

15 September 2016

Brian Cordery

The Netherlands deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPC) with the General Secretariat of the Council of the EU yesterday. This notification follows the recent promulgation of the relevant Dutch legisla... Read more

Dutch law to ratify the UPC Agreement officially published

8 September 2016

Philip Westmacott

The legislation enabling the Netherlands to ratify the Agreement on a Unified Patent Court (UPC) has now been promulgated by the Minister of Security and Justice on 6 September 2016 and officially published (here). This follows the passage of the bil... Read more

Milan as a location for the UPC central division?

25 August 2016

Alan Johnson

On 23 August 2016, the L’Ordine dei Consulenti in Proprietà Industriale (the Italian Industrial Property Consultants Institute, whose members include patent attorneys) published a letter (here) from its President to the Prime Minister, t... Read more

UK continues to participate in UPC meetings

2 August 2016

Alan Johnson

The UK government’s Intellectual Property Office (IPO) has today published a guide: ‘IP and BREXIT: The facts’ in which it states ‘The UK remains a Contracting Member State of the Unified Patent Court at present. We will conti... Read more

Development of UPC Case Management System continues

27 July 2016

Luke Maunder

  The Unified Patent Court (UPC) IT team has today released several updates to the beta test site of the UPC Case Management System, including new actions (e.g. for revocation), a new application (for preserving evidence), a case numbering form... Read more

Training for UPC technically qualified judge candidates

27 July 2016

Edward Nodder

CEIPI (the Centre for International IP Studies, University of Strasbourg), in collaboration with INPI (the French IP Office), is providing a 6 day training programme for technically qualified judges of the Unified Patent Court (UPC) on 22-24 Septembe... Read more

Luxembourg ratifies UPC’s Provisional Application Protocol

22 July 2016

Alan Johnson

On 18 July 2016, Luxembourg ratified the Protocol to the Agreement on a Unified Patent Court on provisional application.  This follows the signature of the Protocol by Luxembourg and 7 other countries in October 2015.  The purpose of the Pr... Read more

UPC judge application statistics

7 July 2016

Richard Pinckney

The closing date for submission of applications for the positions of legally qualified judges and technically qualified judges of the Unified Patent Court (UPC) was last Monday, 4 July 2016.  The UPC Preparatory Committee’s HR coordinator,... Read more

Preparatory Committee continues preparations for UPC

5 July 2016

Dominic Adair

The Preparatory Committee of the Unified Patent Court (UPC) held its 17th meeting in Stockholm last Thursday.  This was its first meeting following the results of the UK’s referendum on its European Union membership.  With the endorse... Read more

Protocol on Privileges and Immunities of the UPC open for signature

30 June 2016

Robert Burrows

The Protocol on Privileges and Immunities of the Unified Patent Court (UPC), which was agreed by the Preparatory Committee in February, was published and open for signature from yesterday, when it was signed by some member states in the margins of th... Read more

Italian parliament considers bill to ratify the UPC Agreement

29 June 2016

Brian Cordery

The Italian parliament’s III Committee on Foreign and Community Affairs is today discussing draft legislation in the form of Bill 3867 (here in Italian) to enable Italy to ratify the Unified Patent Court (UPC) Agreement.  The bill was intr... Read more

The Netherlands passes law ratifying the UPC Agreement

28 June 2016

Philip Westmacott

Today, the Eerste Kamer (the first chamber of the Dutch parliament, i.e. the Senate) approved the bill to enable the Netherlands to ratify the UPC Agreement.  Now the Senate has approved the bill it becomes law.  However, the Netherlands mu... Read more

Brexit: what next for the UPC?

24 June 2016

Philip Westmacott

In the grand scheme of things, perhaps the impact of Brexit on the UPC is not at the top of the list of most people’s concerns.  After all, the UPC doesn’t actually yet exist.  But the IP community will want to know what is like... Read more

The Netherlands progresses towards ratification of the UPC Agreement

21 June 2016

Edward Nodder

On 16 June 2016, the Tweede Kamer der Staten-General (the second chamber of the Dutch Parliament, i.e. the House of Representatives) approved the draft legislation to enable the Netherlands to ratify the UPC Agreement.  The bill now passes to th... Read more

Draft German UPC legislation enters parliamentary process

14 June 2016

Andrew Bowler

Two draft bills, one making it possible for Germany to ratify the Unified Patent Court Agreement and the other to implement the Unitary patent system into German law, are listed to come before the Bundestag (German parliament) next Thursday, 23 June ... Read more

Ireland takes steps towards participating in the UPC

9 June 2016

Liz Cohen

The new Government of Ireland’s Legislative Programme dated 8 June 2016 lists the legislation the government intends to publish over the next few months, and this includes an ‘Amendment of the Constitution (Unified Patent Court) Bill&rsqu... Read more

Bulgaria notifies ratification of UPC Agreement

7 June 2016

Robert Burrows

On 3 June 2016, Bulgaria deposited its instrument of ratification of the UPC Agreement with the General Secretariat of the Council of the EU (as required for the ratification to have effect).  The Council published this step here.  Bulgaria... Read more

UPC Preparatory Committee meets in Hamburg

27 May 2016

Andrew Bowler

The 16th meeting of the Preparatory Committee was held in Hamburg, one of the proposed German UPC Local Divisions, on 26 May 2016.  With much of the substantive work now addressed, the focus of the meeting was on the administrative and supportin... Read more

EPO’s software for filing for a Unitary Patent available to test

26 May 2016

Robert Burrows

The EPO has announced that users of its Online Filing software can install a "Unitary Patent DEMO" plug-in to simulate drafting, signing and sending a request for unitary effect and filing subsequent documents.  Users may send feedback... Read more

Draft Code of Conduct published

18 May 2016

Myles Jelf

The UPC Preparatory Committee has now made public the current draft Code of Conduct for representatives appearing before the Unified Patent Court here. The Code, as required by the Rules of Procedure of the UPC, was developed by the Committee in conj... Read more

UPC IT team releases first Case Management System API

11 May 2016

Luke Maunder

The IT team has released v1 of the API (Application Program Interface) that will enable access to publicly available data held by the UPC’s case management system. This first version suggests that third party software will be able to search the... Read more

Recruitment of UPC judges begins

10 May 2016

Edward Nodder

The Preparatory Committee has started the process for recruitment of the UPC’s legal and technical judges by publishing on its website (here) vacancy notices in English, French and German. Applications must be submitted by 4 July 2016.  Th... Read more

CCBE publishes letter on the UPC draft Code of Conduct

6 May 2016

Robert Burrows

On 6 May 2016, the Patents Sub-group Committee  of the Council of Bars and Law Societies of Europe (CCBE) published its preliminary observations on the draft Code of Conduct for the Unified Patent Court here.   Read more

Italian government approves draft legislation to ratify UPC Agreement

5 May 2016

Andrew Bowler

The Italian Council of Ministers has approved draft legislation which will enable Italy to ratify the UPC Agreement.  Following that approval by the government last Friday (reported in this press release), the bill now passes to the parliament f... Read more

Lithuania starts legislative process to ratify Agreements on the UPC and its Nordic-Baltic regional division

28 April 2016

Edward Nodder

The Lithuanian government has submitted draft legislation to the Seimas (the unicameral parliament) to enable Lithuania to ratify the UPC Agreement and to form, with Sweden, Estonia and Latvia, a regional division of the UPC. The draft legislation, s... Read more

Amendments to UK Patent Rules for introduction of unitary patent

28 April 2016

Gregory Bacon

The Patents (Amendment) Rules 2016 (SI 2016/517) were made on 20 April 2016 and will come into force when the UPC Agreement comes into force.  They will amend the Patent Rules 2007 to make changes consequential to the amendments which will at th... Read more

Bulgaria another step closer to ratification of UPC Agreement

22 April 2016

Andrew Bowler

Having been adopted last week by the National Assembly, the legislation required to authorise Bulgaria to ratify the UPC Agreement has today been enacted – the ‘Law on Ratification of the Agreement on the Unified Patent Court’ being... Read more

Recruitment of UPC judges to begin in May

15 April 2016

Annsley Merelle Ward

The UPC judicial recruitment package was agreed during yesterday’s UPC Preparatory Committee meeting held in Luxembourg.  Advertisements for the UPC’s judicial posts will be published in May (exact date to be agreed) with the recruit... Read more

Bulgarian parliament adopts legislation to ratify the UPC Agreement

8 April 2016

Manuel Rey-Alvite Villar

The National Assembly, Bulgaria’s unicameral parliament, has today adopted the necessary legislation to authorise Bulgaria to ratify the UPC Agreement.  The ‘Bill on Ratification of the Agreement on a Unified Patent Court’ (her... Read more

UK legislation to introduce the UPC system is finalised

31 March 2016

Gregory Bacon

Following the approval of both Houses of Parliament of the draft secondary legislation to amend the UK Patents Act 1977 to give effect to the UPC Agreement and EU legislation on the Unitary patent, the final legislation has now been published.  ... Read more

UPC IT development handed over to Luxembourg team

24 March 2016

Luke Maunder

From today, the continued development of the UPC’s IT system will be carried out by the CTIE (Centre des Technologies de l'Information de l'Etat) in Luxembourg, where the Court’s Registry will be located.  The development to ... Read more

UPC IT system developments

23 March 2016

Luke Maunder

The beta test site of the UPC Case Management and eFiling system (CMS, accessible here) now includes the first iteration of the feature “My firm”, which allows a user to create a firm account (that user becoming the firm administrator). &... Read more

Administrative work for introduction of Unitary patent continues

22 March 2016

Myles Jelf

In its meeting last week, the EPO Select Committee discussed the administrative and IT aspects of implementation of the Unitary patent system, having last December finalised a suite of rules for the system. Issues discussed included the transfer of d... Read more

Bulgarian government to discuss ratification of UPC Agreement

9 March 2016

Liz Cohen

Bulgaria’s Council of Ministers is holding a regular sitting today and one of the items to be discussed is a proposal to the National Assembly regarding Bulgaria’s ratification of the Unified Patent Court Agreement. The National Assembly ... Read more

Opting out multiple patents from the UPC

9 March 2016

Luke Maunder

To opt a European patent out of the jurisdiction of the new Unified Patent Court (UPC), the proprietors must submit an Opt-out Application via the UPC Case Management and eFiling system.  This system is in the latter stages of development and th... Read more

UK progresses legislation required to ratify the UPC Agreement

4 March 2016

Dominic Adair

Both Houses of Parliament have this week debated and approved the draft 'The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016', this Statutory Instrument (SI) being one of the two SIs required to ena... Read more

Bill to ratify UPC Agreement submitted to Dutch parliament

3 March 2016

Myles Jelf

Draft legislation in the form of a bill (here, in Dutch) to enable the Netherlands to ratify the UPC Agreement has been submitted to the Tweede Kamer der Staten-General (the second chamber of the Dutch Parliament), i.e. the House of Representatives.&... Read more

UPC judicial salaries set at €132,000 - €144,000 per annum

3 March 2016

Annsley Merelle Ward

The judicial salaries for full-time UPC judges has been announced.  The net salary for a judge in the Court of First Instance has been set at €11,000 per month (€132,000 per annum).  Judges in the Court of Appeal will earn €1... Read more

UPC Preparatory Committee Report - additional business

29 February 2016

Claire Phipps-Jones

In addition to the important announcements made on fees following the UPC Preparatory Committee meeting on 24/25 Feb 2016, a number of other matters were discussed at the meeting.  Conclusive agreement was reached on the Rules governing the Regi... Read more

UPC Preparatory Committee decision on fees

26 February 2016

Claire Phipps-Jones & Katie Hutchinson

The Preparatory Committee has today announced the outcome of its last meeting which took place on the 24-25 February 2016, at which the Rules on Court fees and recoverable costs for the UPC were agreed and published (albeit subject to legal scrubbing... Read more

UK’s EU referendum – if vote is for Brexit, what happens to the UPC?

24 February 2016

Edward Nodder

The starting point is that it is not possible for a non-EU Member State to take part in the proposed UPC regime (CJEU Opinion 1/09).  Hence, if the vote on 23 June 2016 is for the UK to leave the EU the future of the UPC become complicated. What... Read more

Germany's UPC ratification one step closer with publication of draft legislation

17 February 2016

Annsley ​Merelle Ward

The German Federal Ministry of Justice and Consumer Protection (BMJV) yesterday published the first draft of legislation that will make it possible for Germany to ratify the Unified Patent Court Agreement.  The draft bill was published, tog... Read more

House of Lords considers draft UK legislation implementing the UPC system

16 February 2016

Dominic Adair

The Secondary Legislation Scrutiny Committee of the House of Lords has recently considered the draft of “The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016” as part of the passage of this draft Statutory... Read more

Preparatory Committee publishes UPC Mediation Rules

16 February 2016

Edward Nodder

The UPC Preparatory Committee has published a draft of the UPC Mediation Rules.  These are the rules of mediation of the Patent Mediation and Arbitration Centre, which will provide facilities and support for the settlement of disputes relating t... Read more

Preparation of UPC facilities in London progress

11 February 2016

Rachel Mumby

London’s Tower Hamlets Council has recently granted full planning permission (here) which will allow the development of the 3rd floor of the newly built Aldgate Tower to accommodate both the UK branch of the UPC central division and the UK&rsqu... Read more

Preparatory Committee publishes information on locations of the UPC

11 February 2016

Brian Cordery

The UPC Preparatory Committee has published locations so far confirmed for the UPC divisions, including addresses and photos.  The information, published on the UPC website here, will be added to as more locations are confirmed, but it currently... Read more

Update from the UPC Preparatory Committee

29 January 2016

Andrew Bowler

The UPC Preparatory Committee met with the project coordinators in Brussels this week and finalised the agenda for its next meeting on 24/25 February 2016.  It plans to reach agreement on the Court fees, recoverable costs and the opt-out fee, an... Read more

UK progresses reforms to unjustified threats law taking into account the future UPC regime

28 January 2016

Rachel Mumby

The UK government has today published its response (here) to the Law Commission’s final report (here) on reforming the law relating to unjustified (groundless) threats of IP infringement.  The government accepts the Commission’s reco... Read more

European Commission to consider feasibility of a “Unitary SPC”

26 January 2016

Laura Reynolds

The European Commission has published a Call for Tender for a “Study on the Legal Aspects of the Supplementary Protection Certificates in the EU” to be used to help decide both whether to revise the existing EU SPC legislation (which intr... Read more

Draft UK legislation implementing the UPC system laid before Parliament

21 January 2016

Robert Burrows

Following the recent closure of the UK government's consultation (here) on secondary legislation to give effect to the UPC Agreement and EU legislation on the Unitary patent, a draft Statutory Instrument (SI) has now been published ... Read more

UPC website updated to improve functionality

21 January 2016

Edward Nodder

The website of the Unified Patent Court (UPC) (https://www.unified-patent-court.org/), which has been providing information on the work of the UPC Preparatory Committee (expected to be completed in June 2016), is now on a new content management syste... Read more

Finland becomes 9th country to ratify the UPC Agreement

20 January 2016

Laura von Hertzen

Finland deposited its instrument of ratification of the UPC Agreement in Brussels with the General Secretariat of the Council of the European Union yesterday, so completing the final step required for its ratification to have effect under Articl... Read more

UPC Court of Appeal receives formal go-ahead from Luxembourg government

18 January 2016

Liz Cohen

In its cabinet meeting on 15 January 2016, the Luxembourg government approved the bill concerning the agreement to base the Court of Appeal of the Unified Patent Court (UPC) in Luxembourg.  This removes a small formal hurdle in the way of the es... Read more

UK completes another step towards ratification of the UPC Agreement

15 January 2016

Philip Westmacott

The UK government has announced (here) that it has concluded its consultation on legislation to give effect to the UPC Agreement and EU legislation on the Unitary patent, publishing its response to its consultation on the proposed draft secondary leg... Read more

17th European Patent Judges’ Symposium published online

4 January 2016

Alan Johnson

The Unitary patent and Unified Patent Court (UPC) featured prominently in the 17th European Patent Judges’ Symposium, recently published by the EPO in the Official Journal Supplementary publication 5/2015, 23 December 2015 (here).  The Sym... Read more

Unitary patent “ready to go”

18 December 2015

Edward Nodder

Following the EPO Select Committee’s meeting this week, in which it adopted a series of rules (relating to unitary patent protection, fees, distribution of fees, and budgets/finance), the EPO has announced that the unitary patent is “read... Read more

UPC Preparatory Committee on track to complete work by mid 2016

10 December 2015

James Boon

In the Preparatory Committee’s 13th meeting on 7/8 December 2015, after electing Alexander Ramsay (Sweden) as the new Chair (Paul van Beukering having stepped down) and Louise Åkerblom (Luxembourg) as Vice Chair, the Committee progressed ... Read more

Unitary patent distribution key agreed

19 November 2015

Myles Jelf

Another major step towards the UPC system becoming a reality was made on 17 November 2015, when the EPO Select Committee adopted the distribution key, i.e. the apportionment of the 50% share of the Unitary patent renewal fees amongst the participatin... Read more

Major step forward as UPC Rules of Procedure published

28 October 2015

Edward Nodder

The Preparatory Committee has now published the 18th version of the Rules of Procedure on its website here. As mentioned in our previous news item of 21 October 2015, the text is still subject to further amendments resulting from the court fees consu... Read more

UPC Preparatory Committee work continues

21 October 2015

Brian Cordery

The 12th meeting of the Preparatory Committee took place on 19 October 2015. The outcome of the dedicated work of the UPC committees beforehand meant that the Rules of Procedure were subsequently adopted by the UPC member states at the meeting, and t... Read more

UPC Provisional Application Protocol signed

1 October 2015

Edward Nodder

Representatives of member states today signed a “Protocol to the Agreement on a Unified Patent Court on provisional application” (here).  The Protocol allows some parts of the UPC Agreement to be applied early, to enable final prepar... Read more

Italy joins the Unitary patent

30 September 2015

Philip Westmacott

The European Commission has announced today that Italy has now joined the Unitary patent, becoming the 26th member of the enhanced cooperation regime, i.e. the EU Regulations on creation of a European patent with unitary effect and the establishment ... Read more

Italy formalises their position on the Unitary patent

11 September 2015

Andrew Bowler

Following Italy’s change of direction in relation to the Unitary patent and UPC in May 2015, the Italian government has now formally notified the Council of the EU of its intention to participate in the enhanced cooperation regime, i.e. the EU ... Read more

Rules on the European Patent Litigation Certificate (EPLC) now available

9 September 2015

Philip Westmacott

The Preparatory Committee announced today that in its meeting of 3 September 2015 it had agreed the draft Rules on the European Patent Litigation Certificate (EPLC) and other appropriate qualifications. Draft Rules, Explanatory Memorandum  Read more

Portugal deposits its instrument of ratification

1 September 2015

Robert Burrows

After ratifying the UPC Agreement on 6 August 2015 and depositing the legal instrument with the Council of the European Union on 28 August 2015, Portugal becomes the eighth country to complete the necessary legal procedures for ratification of the UP... Read more

Progress toward ratification in Finland

27 August 2015

Laura von Hertzen

In February 2015 the Ministry of Employment and Economy of Finland set up a Working Group to prepare the ratification of the Unified Patent Court Agreement.  The Working Group has now published, as instructed, a draft for a Government Bill, to b... Read more

UK announces London location of UPC

11 August 2015

Today IP Minister Baroness Neville-Rolfe has announced here that the UK government has signed a lease on prime office space in the newly built Aldgate Tower, near the heart of the City.  This will be the home of the London branch of the UPC cent... Read more

Portugal ratifies the Unified Patent Court Agreement

7 August 2015

Robert Burrows

Confirmation of Portugal’s ratification of the UPC Agreement was published on 6 August 2015 in the country’s Official Gazette of legislation. In the Diário da República Eletrónico, the Decree of the President of the R... Read more

New 18th draft of UPC Rules of Procedure available

24 July 2015

Edward Nodder

A new 18th draft of the Rules of Procedure for the Unified Patent Court is now available and can be found here.  The 18th draft, as discussed by the Legal Group of the Preparatory Committee and the Drafting Committee on 25 and 26 June 2015 and d... Read more

Harmonisation of the professional Code of Conduct for UPC representatives

23 July 2015

Myles Jelf

Following our previous news item in 2014, we can report that further progress has been made on the professional representatives’ draft Code of Conduct. The Working Group, comprising members of the Preparatory Committee and its Expert Panel, plu... Read more

Unified Patent Court progress made at Preparatory Committee meeting

16 July 2015

Dominic Adair

Further steps towards a functioning Unified Patent Court were taken at the Preparatory Committee meeting on 10 July 2015 with progress being made on the Rules of Procedure, IT systems and the guidelines for provisional functioning of the UPC Agreemen... Read more

UK Intellectual Property Office confirms UK UPC commitment

26 June 2015

Philip Westmacott

With UPC Agreement ratification procedures continuing and the laying of the European Union Referendum Bill before Parliament, there has been welcome clarification from the UKIPO on the United Kingdom’s UPC Agreement ratification plans. The U... Read more

EPO adopts "True Top 4" for unitary patent renewal fees

24 June 2015

Alan Johnson

The Select Committee of the Administrative Council of the EPO met on 23/24 June 2015 and have adopted the Top 4 proposal for Unitary patent renewal fees. A majority of the EPO and participating EU Member States voted in favour of this proposal, thus ... Read more

Preparatory Committee issues guidance on UPC transitional arrangements

18 June 2015

Richard Pinckney

The ambiguities of the Art 83 transitional provisions have attracted much comment (see here for example).  Now the Preparatory Committee has gone some way to providing clarity by issuing a series of Q&As on its website. Whilst helpful, users... Read more

Unified Patent Court – Fees Consultation Event, London

9 June 2015

Edward Nodder

On 23 June a joint presentation (in London and by webinar link) has been organised by the UK IPO, CIPA and IP Federation to discuss the UPC court fees and costs recovery consultation, and the background to the consultation and its contents. The consu... Read more

No rush on Irish ratification for the UPC Agreement

8 June 2015

Alan Johnson

On 25 May 2015, the Irish Minister for Children and Youth Affairs, James Reilly, confirmed that there would be no more referenda during this Parliament. The Taoiseach (Irish Prime Minister) must ask the Irish President to dissolve the government and ... Read more

Is your patent portfolio UPC-ready?

2 June 2015

With plans for Europe’s new Unitary Patent and Unified Patent Court well underway, now is a good time to ensure your company is prepared.   Test the health of your patent portfolio with Bristows’ UPC Health Check. UPC Health Check ... Read more

The number of UPC Member States is officially seven

28 May 2015

Liz Cohen

On 22 May 2015 Luxembourg deposited its instrument of ratification with the General Secretariat of the Council of the European Union bringing the total number of UPC Member States to seven, just six short of the working number required. For the UPC A... Read more

Belgian UPC case dropped

27 May 2015

Edward Nodder

A constitutional challenge by The European Software Market Association (ESOMA) and other plaintiffs, filed earlier this year in Belgium, was declared inadmissible on 21 May 2015. In April 2015, we reported that ESOMA argued that the unitary patent an... Read more

Italy shifts position on the Unitary patent process

15 May 2015

Sally Field

On 13 May 2015, the Italian Undersecretary for Economic Development, Simona Vicari released a statement saying that it is their priority to join the Unitary patent. This shift in position is due to the dismissal of the CJEU challenges from Spain and ... Read more

UPC court fees consultation published

8 May 2015

Edward Nodder

The UPC Preparatory Committee has published its long-awaited consultation on UPC Court and opt-out fees.  The consultation is available HERE.  Comments are requested before 31 July 2015.   Highlights of the paper are: A propose... Read more

UPC Preparatory Committee announces fees consultation

7 May 2015

Alan Johnson

On 5 May 2015, the Preparatory Committee held its 9th meeting in Luxembourg. The most notable development was the announcement of a consultation on the future Unitary Patent Court fees and the recoverable costs. The consultation paper will be release... Read more

Netherlands makes legislative moves towards ratification

7 May 2015

James Boon

On 1 May 2015, the Dutch government launched an online public consultation as an initial step towards ratification of the Unified Patent Court Agreement. To enable correct implementation of the unitary patent Regulation (EU) 1257/2012 and Unified Pat... Read more

CJEU dismisses second Spanish challenge

5 May 2015

Alan Johnson

Read press release HERE. Read more

Portugal moves toward ratification

21 April 2015

Manuel Rey-Alvite Villar
 

On 10 April 2015, the Assembly of the Republic (the Portuguese Parliament) passed a motion brought by the Council of Ministers to approve the Agreement on a Unified Patent Court (see here). Portugal’s ratification process still requires th... Read more

Date set for judgments in second Spanish Challenge cases

8 April 2015

Alan Johnson

The CJEU will announce on 5 May 2015 its judgments in the two cases brought by Spain challenging the legality of Regulations 1257/12 and 1260/12 establishing the unitary patent system.  A decision to dismiss the challenges is widely anticipated;... Read more

UPC ratification challenged in Belgium

7 April 2015

Edward Nodder

The decision by Belgium, one of only seven of 25 countries so far to have ratified the Unified Patent Court Agreement signed in February 2013, has been challenged in an action filed at the Belgian Constitutional Court by The European Software Market ... Read more

Unitary patent renewal fees – more discussion but still no decision

26 March 2015

Alan Johnson

The Select Committee of the Administrative Committee of the EPO dealing with arrangements for the unitary patent met on 23 and 24 March to discuss proposals for the level of renewal fees.  A report of the meeting is HERE.   Regrettab... Read more

Luxembourg ratifies the UPC agreement

25 March 2015

Liz Cohen

On 18 March 2015, the Chamber of Deputies (the Luxembourg Parliament) voted unanimously to ratify the UPC Agreement (see here). This makes it the 7th country to ratify in addition to Austria, Belgium, Denmark, France, Malta and Sweden, albeit that Lu... Read more

Latest on local and regional divisions

20 March 2015

Alan Johnson

All divisions of the UPC will have power to make pan-European decisions.  Every state participating in the UPC is entitled to its own local and/or regional division so as to provide local access for litigants.  However, individual states ha... Read more

UK IPO study on patent litigation – UPC implications

20 March 2015

Alan Johnson

As part of its UPC studies, the UK IPO has published a study here on the volume of patent litigation in the English courts.  It notes that “UK businesses face a difficult decision:  should they or should they not seek to obtain UP pro... Read more

Managing IP survey on the UPC and the Unitary Patent

23 February 2015

Managing IP have recently begun a fantastic initiative to gauge attitudes of in-house counsel towards the new system. Take their survey on the UPC and the Unitary Patent here. Read more

Surveys to assist UK and other countries in choosing locations for their UPC divisions

7 January 2015

Philip Westmacott

The UK IPO is examining options for the location of the courts of the UPC to be located in the UK, with a view to reaching a decision in Spring 2015.  It proposes that the London section of the central division and the UK local division be locat... Read more

Select Committee publishes consolidated draft Unitary Patent Rules

23 December 2014

Edward Nodder

Having approved in principle in its meeting on 9 December 2014 all but one of the draft Rules relating to Unitary Patent Protection, the Select Committee has now published a consolidated version of the Rules (including explanatory notes) - here. ... Read more

Update on UK legislation implementing the UPC system

22 December 2014

Andrew Bowler

During 2014 the UK Government has passed primary legislation authorising ratification of the UPC Agreement and also consulted on draft secondary legislation in the form of a Statutory Instrument (SI) to give effect to the UPC Agreement and EU legisla... Read more

Tender for UPC IT system published

17 December 2014

Toby Crick

The UK Intellectual Property Office (IPO) has published in the OJ a tender notice (here) for procurement of the UPC’s IT system.   The requirements are divided into 3 lots: efiling/case management system, hosting services, and ... Read more

Select Committee continues to discuss unitary patent renewal fees

16 December 2014

Dominic Adair

In its 11th meeting on 9 December 2014, the EPO Select Committee continued its discussion on the level of renewal fees (the EPO having prepared further simulations of different fee level scenarios) and started work on distribution of renewal fees bet... Read more

Malta ratifies UPC Agreement

11 December 2014

Brian Cordery

Malta has now deposited its instrument of ratification of the UPC Agreement in Brussels with the General Secretariat of the Council of the European Union, so completing the final step required for its ratification to have effect under Article 89(1) o... Read more

The second Spanish challenge to the unitary patent – the AG’s Opinion

19 November 2014

Ignacio Gonzalez Royo
David George

Following the publication of Advocate General Yves Bot’s opinion (in many languages although not English) that the Court should dismiss Spain’s actions in both cases C-146/13 and C-147/13, our commentary on his opinion is available HERE. ... Read more

Advocate General’s opinions in Spanish challenge to UPC system now published

18 November 2014

Alan Johnson

Following the CJEU’s press release (here) today announcing that its Advocate General Yves Bot proposes that the Court should dismiss Spain’s actions in both cases C-146/13 and C-147/13 (commonly referred to as the “second Spanish ch... Read more

Advocate General’s Opinion is that Spain’s challenge to UPC system be dismissed

18 November 2014

Alan Johnson

The CJEU’s press release here today announces that its Advocate General Yves Bot proposes that the Court should dismiss Spain’s actions in both cases C-146/13 and C-147/13 (commonly referred to as the “second Spanish challenge&rdqu... Read more

Ireland plans to establish local division of UPC

14 November 2014

Andy Bowler

The Irish government announced yesterday that a local division of the Unified Patent Court will be established in Ireland “in the event that the international agreement is ratified”.  Although reports in August had suggested that Ire... Read more

Update on preparations for the UPC

10 November 2014

James Boon

In its meeting on 4 November 2014, the UPC Preparatory Committee received updates from signatory states on ratification and from the judicial training, IT and facilities working groups.  Other topics included court fees and the draft rules on le... Read more

Select Committee for the unitary patent reports on progress

7 November 2014

Rob Burrows

In its 10th meeting on 28 and 29 October 2014, the EPO Select Committee continued its discussions on the draft Rules relating to Unitary Patent Protection and the level of renewal fees. Having already adopted in principle the draft Rules, the Committ... Read more

Details of oral hearing on 17th draft of UPC Rules of Procedure

3 November 2014

Philip Westmacott

The UPC Preparatory Committee has announced today (here) that an oral hearing on the 17th draft of the Rules of Procedure will take place on 26 November 2014 at the European Law Academy (ERA) in Trier from 9:00 to 18:00.  Attendance at the heari... Read more

17th draft Rules of Procedure of the UPC

31 October 2014

Alan Johnson

The UPC Preparatory Committee’s long-awaited 17th draft Rules of Procedure are here, with the Committee’s explanatory note here.  Alan Johnson notes the highlights of the changes from the 16th draft here.  A public consultation ... Read more

Advocate General’s Opinion on second Spanish challenge to the UPC system due on 18 November 2014

20 October 2014

Liz Cohen

The Opinion of the CJEU’s Advocate General in Cases C-146/13 and C-147/13 is due to be handed down on 18 November 2014. In these Cases Spain is challenging  the legality of the unitary patent and language regulations (1257/12 and 1260/12).... Read more

User testing of UPC IT system

16 October 2014

Philip Westmacott

The UPC Preparatory Committee is currently conducting user-testing of a prototype e-filing / case management system, both by holding workshops and by making the prototype available for anyone to test and provide feedback. The prototype allows th... Read more

UPC Preparatory Committee publishes new roadmap

17 September 2014

Alan Johnson

A new "roadmap" announcing the latest timeline on progress to the start-up of the UPC is now available on the Preparatory Committee website - HERE   Read more

UPC Preparatory Committee announces members of its new Expert Panel

17 September 2014

Edward Nodder

The new Expert Panel (established by the UPC Preparatory Committee to advise its Chairman and working group co-ordinators) consists of 14 members, these being lawyers, judges, patent attorneys and business representatives – details HERE.  ... Read more

Austria intends to establish a local division of the UPC

11 September 2014

Dominic Adair

At the request of the President of the Austrian Patent Office, the establishment of a local division of the UPC in Austria was discussed by a working group of IP experts and ministers at the Alpbach Technology Symposium on 22 August 2014.  The w... Read more

New Expert Panel of UPC Preparatory Committee to hold first meeting

5 September 2014

Edward Nodder

The UPC Preparatory Committee has established an “Expert Panel”, which will advise the Committee’s Chairman and Working Group co-ordinators.  The Expert Panel will hold its first meeting on 26 September 2014 in London, when one... Read more

UPC candidate judges notified

28 August 2014

Alan Johnson

Some 1300 individuals responded to the UPC Preparatory Committee's call for expressions of interest in becoming judges of the UPC.  Following a long evaluation process by a group of senior serving and retired patents judges, the Preparatory ... Read more

Denmark notifies Commission that it will implement the UPC amendments to Brussels I Regulation

15 August 2014

Richard Pinckney

Because Denmark opted out of the Brussels I Regulation (1215/2012), which sets out the EU rules on the jurisdiction of courts and recognition of judgments, whenever amendments are made to that Regulation, Denmark must notify the Commission of its dec... Read more

Public consultation on EPLC now closed

5 August 2014

Philip Westmacott

The Preparatory Committee’s consultation on the draft proposal on the European Patent Litigation Certificate (EPLC) and other appropriate qualifications closed on 25 July 2014.  The proposal set out draft rules under which European Patent ... Read more

Preparatory Committee approves list of candidate judges and reports on other progress

10 July 2014

Edward Nodder

The Preparatory Committee has reported that in its 6th meeting (on 8 July 2014) it approved a list of suitable candidate judges (prepared by its Advisory Panel).  Applicants will be informed of the outcome in the coming weeks, and training for s... Read more

Denmark ratifies UPC Agreement

24 June 2014

Alan Johnson

Following the vote in the Denmark’s recent referendum being in favour of ratifying the UPC Agreement, on 20 June 2014 Denmark deposited its instrument of ratification in Brussels with the General Secretariat of the Council of the European Union... Read more

Revised proposals for EPLC published for public consultation

13 June 2014

Philip Westmacott

The Preparatory Committee has today published new draft rules for qualification for the European Patent Litigation Certificate (EPLC, needed to represent clients in the UPC) which will be open for comment for 6 weeks - comments to be sent to secretar... Read more

Bristows UPC moot featured on IPKat

12 June 2014

Bristows’ Patent Litigation practice featured on IPKat blog for “conducting a real-time test drive” of the UPC system.   To read the rest of the article – “A test-drive for the Unified Patent Court”, please ... Read more

Belgium ratifies UPC Agreement

11 June 2014

Brian Cordery

On 6 June 2014, Belgium became the fourth member state to ratify the UPC Agreement and deposit its instrument of ratification in Brussels with the General Secretariat of the Council of the European Union.  The Belgian Parliament passed the law a... Read more

UK government consults on draft legislation implementing the UPC regime

10 June 2014

Alan Johnson

The UK Intellectual Property Office has today launched a consultation (HERE) on draft secondary legislation to give effect to the UPC Agreement and EU legislation on the unitary patent. The changes are intended to come into force only when the U... Read more

Sweden ratifies UPC Agreement

9 June 2014

Dominic Adair

Following the Swedish Parliament’s approval of the legislation authorising ratification of the UPC Agreement, Sweden’s instrument of ratification was deposited on 5 June 2014 in Brussels with the General Secretariat of the Council of the ... Read more

Bifurcation at the UPC – competition policy squeezes and the scope for trolls

3 June 2014

Sophie Lawrance

Patent litigation practitioners in the courts of England & Wales are not generally known for their love of competition law. But now that old 'enemy' may be about to come to the aid of patent practitioners in the face of a Greater Evil, na... Read more

Regulation amending Brussels I Regulation published in OJ

29 May 2014

Richard Pinckney

The Regulation updating the EU rules on the jurisdiction of courts and recognition of judgments to take into account the Unified Patent Court (UPC) was published today in the Official Journal here.  The Regulation amends the Brussels I Regulatio... Read more

Danish referendum paves way for ratification

27 May 2014

Alan Johnson

Denmark has taken a decisive step toward ratification of the UPC agreement with the approval given in the referendum held on 25 May 2014. The referendum had become necessary due to the Danish People’s Party and the Red Greens having a sufficien... Read more

CJEU to hear second Spanish challenge on 1 July 2014

23 May 2014

Alan Johnson

The CJEU’s hearing of Spain’s challenge (C-146/13 and C-147/13)  to the legality of the unitary patent and language regulations (1257/12 and 1260/12) is due to take place on 1 July 2014.  The pleas in this second Spanish challen... Read more

Changes to Brussels I Regulation receive final approval from European Parliament and Council

20 May 2014

Richard Pinckney

The European Parliament and the Council of Ministers signed the proposed amendments to the Brussels I Regulation into law on 15 May 2014.  The amendments update EU rules on the jurisdiction of courts and recognition of judgments to take into acc... Read more

UK law authorising ratification of the UPC agreement receives Royal Assent

15 May 2014

Liz Cohen

In the UK, draft legislation authorising the ratification and implementation of the UPC Agreement was included in the Intellectual Property Bill, and yesterday evening that Bill received Royal Assent and passed into law as the Intellectual Property A... Read more

English Patents Court to have new IT system by end of 2015

14 May 2014

Edward Nodder

As readers will be aware, the UK has the unenviable task of developing the IT system to support the UPC.  It is therefore interesting to see that potentially relevant experience of such an IT system may arise in coming months on a different proj... Read more

Preparatory and Select Committees publish overview of UPC system

6 May 2014

Edward Nodder

Both the UPC Preparatory Committee and the EPO Select Committee have endorsed and published on their websites a brochure entitled “An Enhanced European Patent System”, which the Preparatory Committee describes as a useful overview. &ld... Read more

Sweden progresses with UPC legislation

2 May 2014

Robert Burrows

A patent bill prepared by the Swedish government proposing ratification of the UPC Agreement is currently before the Swedish Parliament for approval.  The bill also concerns amendments to national patent law to allow for the unitary patent syste... Read more

EPO ESAB statement on the unitary patent and UPC

1 May 2014

Liz Cohen

The EPO Economic and Scientific Advisory Board (ESAB) has issued a statement on the unitary patent and the Unified Patent Court.  The Board’s opinion is based on an economic analysis that it commissioned and the views of workshop participa... Read more

Belgian Parliament passes law authorising ratification of UPC Agreement

30 April 2014

Brian Cordery

The Belgian Chamber of Representatives voted in plenary session on 23 April 2014 to adopt the law authorising Belgium to ratify the Unified Patent Court Agreement.  This completes the passage of the draft law through the Federal Parliament (the ... Read more

Changes to Brussels I Regulation ready for adoption by Council of Ministers

29 April 2014

Richard Pinckney

The consolidated text of the draft Regulation amending the Brussels I Regulation has now been published in the Council Register (here), and is expected to be formally adopted in the Council meeting in June 2014 to become law.  It will apply from... Read more

Belgium continues to progress towards ratification of the UPC Agreement

7 April 2014

Brian Cordery

Belgium’s ratification of the Agreement on the Unified Patent Court (UPC) remains on track to take place before the national elections on 24 May 2014.  In Belgium, the ratification of the UPC Agreement must (like any other treaty) be adopt... Read more

EPLAW offers to work with EPO on UPC judicial training

3 April 2014

Edward Nodder

The European Patent Lawyers Association (EPLAW) has confirmed to the EPO that it would gladly cooperate with the EPO’s European Patent Academy on developing and delivering the UPC judicial training programme.  EPLAW’s written confirm... Read more

UK Parliament approves Bill authorising ratification of the UPC agreement

3 April 2014

Sally Field

In the UK, draft legislation authorising ratification of the UPC Agreement was included in the Intellectual Property Bill, and yesterday the Bill completed its final stage of its passage through Parliament.  In yesterday’s “Ping Pong... Read more

Update on EPO Select Committee’s work on the unitary patent

2 April 2014

Andrew Bowler

The EPO’s Select Committee for the unitary patent held its seventh meeting on 26 March 2014 in Munich. Progress was made on the draft Rules relating to Unitary Patent Protection (the administrative rules), this being their second reading.&... Read more

France’s ratification of UPC Agreement lodged in Brussels

2 April 2014

Vanessa Rieu

The European Commission has confirmed that France ratified the UPC Agreement on 14 March 2014. Although the French law authorising France to ratify the Agreement came into effect on 25 February 2014, in order to have effect under Article 89(1) U... Read more

Update on selection of UPC judges

31 March 2014

Edward Nodder

The Preparatory Committee published today an update on the selection and training of judges.  In its next meeting, in early July, the Committee plans to discuss the recommendations of the Advisory Panel (which reviewed the 1300 applications... Read more

News from Denmark on referendum and local division

28 March 2014

Robert Burrows

From a recent opinion poll on voting intentions in Denmark’s referendum on 25 May 2014 on ratification of the UPC agreement, it seems likely that Denmark will ratify. In the poll, 48% said they would vote for ratification and 22% would vote aga... Read more

Germany taking first step to ratification

25 March 2014

Myles Jelf

The German Federal Minister of Justice is planning to submit “after the summer” a draft law on ratification of the UPC Agreement.  The Minister, Heiko Maas, delivered that news during a speech to the Federal Association of German Pat... Read more

End of 2015 is new target date for UPC to be operational

19 March 2014

Philip Westmacott

The Preparatory Committee agreed in its meeting yesterday that the UPC will not be operational until the end of 2015 at the earliest.  Reporting on the meeting, the Committee says that it was clear that the ambitious target date of early 2015 se... Read more