Unitary Patent

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The view from the UK and France of the fundamental reform in European patent law

The introduction of a unitary patent and a unified patent court system is viewed as a very exciting prospect. Somewhat paradoxically, however, the introduction of the UP will mean that three types of patents will become...more

European patent law: fundamental reform ahead

The European Union member states are preparing to introduce a new European Patent with Unitary Effect and a single Unified Patent Court with divisions located throughout Europe. With this package of broad patent reforms, the...more

The German perspective on the fundamental reforms in European patent law

Arguably, Germany is the jurisdiction which has the most to lose with the introduction of the UPC. The German patent infringement courts have built a reputation of offering an attractive combination of quality, speed and a...more

The view from the US of the fundamental reform in European patent law

While a radical departure from prior practice in the EU, the concept of a European Patent with Unitary Effect will be familiar to US practitioners. That is because the Unitary Patent (UP) System is an “all eggs in one basket”...more

The ECJ Advocate General hits Spain’s linguistic aspirations regarding the patent protection unitary scheme

The EU Court of Justice published yesterday the Advocate General’s opinion (still unavailable in English) in Case C-146/13 Spain v. Parliament and Council, and C-147/13 Spain v. Council, on the validity of linguistic...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

October 1 Deadline for Public Comment on EU Unitary Patent System

As previously announced, the preparatory committee for Europe’s Unitary Patent System is soliciting public comment on its draft rules of procedure, which will be applied by the divisions of the new Unified Patent Court (see...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

New from Abroad: Spain's Further Challenges to the Unitary Patent Regulations

Following on from their previous challenge to the adoption of the unitary patent system on the basis of the concept of enhanced cooperation, and as eventually dismissed by the Court of Justice of the European Union (CJEU),...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

News from Abroad: Parliament Approves EU Unitary Patent Package - December 17, 2012

Originally published in the European Patent Attorneys at WP Thompson & Co. on December 17, 2012. A unitary patent package covering 25 member states of the EU (Italy & Spain are not currently taking part) may finally be...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

EU Moves Closer to a "Unitary" Patent Regime for Obtaining and Litigating Patents in Europe

On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent...more

News from Abroad: Unitary Patent & Unified Patent Court

Originally published from IPCopy blog on December 12, 2012. Last week the pan-European Intellectual Property Summit (IP Summit) was held in Brussels and the first morning of the summit saw a number of discussions...more

European Council Agrees on a Unitary Patent and a Unified Patent Court

The European Council met in Brussels on June 28-29, 2012, and agreed to establish an EU Unitary Patent together with an EU Unified Patent Court. The agreement by the Council set the location of the Central Division within...more

European Commission Releases Draft Regulations Governing Unitary Patent Protection

Under the Commission’s proposals, holders of European patents would be allowed to apply to the European Patent Office for unitary patent protection covering the participating 25 Member States. The unitary patent could only...more

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