Unified Patent Court Patents

News & Analysis as of

Brexit May Stall Implementation of EU’s New Unitary Patent and Patent Court Systems

New unified patent grant and patent court systems, which were to have taken effect in early 2017, will likely be stalled because of Britain’s June vote to leave the EU, commentators and member nations fear. BACKGROUND...more

Brexit Prompts IP Uncertainty

It's difficult to turn on the news and not hear something about the historic vote by Britain to leave the European Union. While the Brexit vote already has had an immediate effect on global economic markets, the legal effects...more

Is Brexit an IP Exit?

Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his...more

Brexit: European Patent Applications, Unitary Patents and the Unified Patent Court System

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Client Alert: Brexit – What Silicon Valley Needs to Know

The vote of the UK Electorate to leave the EU has politicians, economists, lawyers and commentators from all sectors speculating on what will happen next and over exactly what period. While it is unlikely that there will be a...more

The Effect of The Brexit (UK Departure from EU) on IP Rights

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of the United Kingdom, and consequently Gibraltar, leaving the European Union (EU). According to Article 50 of...more

The UK Has Spoken “Brexit” - But What Does This Mean for the IP Community?

The immediate reaction to Great Britain’s June 23, 2016 vote to leave the European Union (“EU”) (commonly referred to as “Brexit”) has been nothing short of hysterical. This paper focuses on what Brexit means for the...more

Brexit: IP Considerations in Light of the UK’s Vote to Leave the EU

While the “Leave” result of the June 23 referendum will not have an immediate impact on intellectual property, the eventual British exit (“Brexit”) from the European Union could have long-term implications for IP protection...more

The Effect of BREXIT – What US Intellectual Property Practitioners Need to Know: The Patent Perspective

This is the first of two blog postings relating to the impact of Brexit on IP law. The second will address trademark practice. June 24, 2016, will certainly be considered a momentous day in European history, as the...more

Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators...more

The European Patent Office introduces a “go-faster” opposition process

The European Patent Office (EPO) has announced that from 1 July 2016, post-grant oppositions will be reformed so that they become significantly faster and more efficient. The effect of these changes is that in straightforward...more

The Future European Patent System: Update on the Latest News - Spring 2016

With the ninth Contracting State having ratified the EU Unified Patent Court Agreement, the commencement of the Unified Patent Court is approaching. We report on the latest news, including an announcement about opt-outs, and...more

News from Abroad: The UPC: to Opt Out or Not to Opt Out, That Is the Question

Did you know that in the Unified Patent Court (UPC) a patentee will be able to get an injunction covering a market much bigger than the entire USA, in a procedure that lasts no longer than a year, at a hearing which lasts a...more

IP Newsletter - July 2015

In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in Commil...more

Rules that reflect different traditions

Some practitioners outside Germany have concerns about bifurcation. In a response to the previous article, Adam Cooke considers how it will work in practice in the UPC - Once the Unitary Patent and UPC come into effect...more

Preparing for the Roll Out of the European Patent Reforms

In this lw.com interview, Latham & Watkins counsels Charles Courtenay and Christian Engelhardt and associate Donald McCombie discuss the impact of the new Unified Patent Court (UPC) on existing European Patents and outline...more

Latest News on European Patents

Europe has been bustling with recent news and development from the Unified Patent Court Preparatory Committee and the European Patent Office. New Draft UPC Rules of Procedure and UPC Status - The Preparatory...more

Top Stories of 2013: #11 to #14

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Unified Patent System Will Save European Energy and Cleantech Innovators Thousands

The creation of a patent system that will significantly ease an inventor’s path to gaining protection for his or her intellectual property across Europe will soon be reality. ...more

October 2013: EU Litigation Update

Update (Europe): Unitary Patent and Unified Patent Court. Back in December 2012, the European Union (EU) adopted two Regulations regarding so-called European patents with unitary effect (Unitary Patent) and respective...more

Consultation Period for Rules of Procedure for the Unified Patent Court (UPC)

On 25 June, 2013, the Preparatory Committee for the EU Unitary Patent System published its draft Rules of Procedure for the Unified Patent Court. U.S. and international companies can now comment on the rules. Read the alert...more

A Guide through Europe’s New Unified Patent System

Introduction - The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected...more

Significant Changes Introduced And Planned To UK IP Legislation

UK IP legislation is changing. First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some...more

ECJ dismisses Spanish and Italian challenge to EU-wide unitary patent system, but obstacles remain

Summary - On 16 April 2013, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Joined Cases C-274/11 and 295/11 in which it dismissed the challenges brought by Spain and Italy to the other...more

Member States Sign Agreement to Establish Unified Patent Court

On Tuesday, the Council of the European Union announced that twenty-four member states had signed the international agreement that would establish a Unified Patent Court (UPC), a specialized court having exclusive...more

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