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Finish in Eight Months: The EPO Sets Timeline for New Accelerated Opposition Practice

The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more

Unified Patent Court Publishes Its First Case Load Statistics

The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

UPC Nullity Actions: The New Distribution Scheme Takes Shape

The redistribution of competences to the Munich, Paris, and Milan central chambers takes shape and brings complexity for chemistry patents....more

Co-Ownership of Patents: Are Your Co-Owned Patents Ready for the Unified Patent Court?

In Short - The Situation: With the introduction of the Unified Patent Court ("UPC") system in Europe, the co-ownership of patents will have material effect on patents with unitary effect ("Unitary Patent")....more

Exclusive and Non-Exclusive Licenses: Opportunities and Pitfalls Before the UPC

In Short - The Situation: While the national case laws of most Unified Patent Court ("UPC") Member States generally accept infringement actions by licensees, the scope and requirements of such actions differ greatly. The...more

The European Unified Patent Court Names Its Judges

Judges were recruited from across Europe and appointed in accordance with the decisions of the UPC Administrative Committee. The UPC will be led by German Federal Court of Justice Judge Klaus Grabinski as president of the...more

The Days are Numbered for the EPO's 10-Day Rule

Multiple reports reliably suggest that the European Patent Office ("EPO") will end the "10-day rule" for calculating deadlines on November 1, 2023. Thereafter, deadlines will be simply calculated on the basis of the date...more

European Commission Proposes New Liability Rules on Products and AI

On September 28, 2022, the European Commission published two proposals—the Revised Product Liability Directive and the AI Liability Directive—aimed at adapting liability rules to the green and digital transition within the...more

A New Dawn for European Patents: The Unitary Patent and the Unified Patent Court

The creation of a new European Unified Patent Court (“UPC”) and a new patent with unitary effect (“Unitary Patent”), in which almost all member states of the European Union participate, is the most important change in the...more

Fee-Less Opt-Out for European Patents from the UPC

The previously contemplated fee for opting out of "classical" European patents from the Unified Patent Court ("UPC") system has been abolished by the UPC Preparatory Committee. The UPC Case Management System will also allow...more

Legislative Intent Trumps Legitimate Interest: EPO Confirms Double Patenting as a Ground for Refusal

The EPO confirmed that a European patent application can be refused on the basis of double patenting under Articles 97(2) and 125 EPC, if a patent with the same effective date has already been granted for the same subject...more

Regulating Artificial Intelligence: European Commission Launches Proposals

The Development: On 21 April 2021, the European Commission ("Commission") unveiled a proposal for a "Regulation laying down harmonized rules on Artificial Intelligence" ("AI Regulation"), which sets out how AI systems and...more

Extension of Protection for Up to One Year Possible? New Referral on Double Patenting

The BoA has been divergent regarding whether in an internal priority situation, the applicant would have a legitimate interest in a second patent protecting the same subject matter. ...more

Patenting Artificial Intelligence and Machine Learning Innovations in Europe

The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more

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