Unified Patent Court Unitary Patent

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

The Effects of Brexit on the Unitary Patent and the Unified Patent Court

Voters in the United Kingdom have voted to leave the European Union (EU). The exit of the UK from the EU (the "Brexit") could result in a delay in the implementation of the Unitary Patent (UP) and the Unified Patent Court...more

The Uncertain Future of the Proposed European Unitary Patent after “Brexit” Vote

The future of the proposed European Unified Patent Court and European Unitary Patent have been jeopardized by the Brexit vote because ratification of the proposal by the United Kingdom is expressly required before the...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

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 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

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

Italy, Unitary Patent and the UPC: developments ahead?

As illustrated in more details here (see link in article), Italy is presently in a peculiar position as far as the UP/UPC is concerned. Our Country did not join the enhanced cooperation in 2011 and is therefore not...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

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

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

January 2013: Patent Litigation Update

In This Update: European Parliament Approves European Unitary Patent and Unified Patent Court; Gross Negligence Insufficient to Establish Deceptive Intent for Inequitable Conduct; and Federal Circuit Eases Requirements...more

Top Stories of 2012: #8 to #11

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

A further (small) step forward towards an EU-wide unitary patent system

On 11 December 2012, Advocate General Bot gave his Opinion on Joined Cases C- 274/11 and 295/11, proposing that the Court of Justice of the European Union (“ECJ”) dismiss the cases brought by Spain and Italy challenging the...more

The European Unitary Patent And Unified Patent Court System Update

The European Parliament has today voted in favour of the proposed Regulation establishing a unitary patent right (UP) across 25 of the EU Member States (excluding Spain and Italy currently) using the enhanced cooperation...more

European Parliament Adopts Draft Regulations on Unitary Patent

On Tuesday, the European Patent Office reported that the European Parliament in Strasbourg had adopted two draft regulations on the creation of the unitary patent. The EPO hailed the adoption of the draft regulations as "a...more

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