News & Analysis as of

Unified Patent Court European Union

UK completes all legislative steps required to ratify the UPC Agreement

by Allen & Overy LLP on

With the approval on Tuesday by the House of Lords of the Unified Patents Court (Immunities and Privileges) Order 2017, the UK completed the final parliamentary step on the road to readying itself to ratify the Unified Patent...more

Unified Patent Court Update: Ratification Could Take Place in the Coming Months

by Latham & Watkins LLP on

The Delegated Legislation Committee’s (DLC) support for the Unified Patent Court (Immunities and Privileges) Order 2017 (the Order) suggests a swift approval of the Order by the House of Commons. Presuming a rapid approval by...more

European Commission Issues Guidelines on Licensing and Litigating Standard-Essential Patents

by Ropes & Gray LLP on

On November 29, 2017, the European Commission published its long-awaited guidance on litigating and licensing standard-essential patents (SEPs), as part of broader guidelines for intellectual property in the European Union...more

Brexit Bill - Impact on patents

by Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

by Hogan Lovells on

The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the...more

European Commission’s 6 Proposals for Post-Brexit Intellectual Property Rights

by Latham & Watkins LLP on

The European Commission (EC) has released a position paper on its objectives for the Article 50 Brexit negotiations with the UK regarding Intellectual Property Rights (IPRs). The EC has effectively set out six key principles...more

Update on the UPC Case Management System

by Hogan Lovells on

A new note regarding the implementation of the UPC Case Management System (CMS) was published yesterday by the IT Working Group Coordinator, Dario Pizzolante. The note announces the release of the latest CMS version and...more

UPC Edging Closer Towards Reality, German Challenge Remains

by White & Case LLP on

Battling continued headwind, the Unified Patent Court (UPC) took another step toward reality in Europe this week, as the UK laid before Parliament the Order on Privileges and Immunities for the UPC....more

German Court Delays Implementation of Unified Patent Court Legislation

by Latham & Watkins LLP on

Germany’s constitutional court, the Bundesverfassungsgericht, has requested that the German President hold off on signing the legislation ratifying the Unified Patent Court (UPC) and the Unitary Patent (UP) following a...more

Preparatory Committee announce delay to UPC Timetable

by Hogan Lovells on

Yesterday, the Preparatory Committee of the Unified Patent Court (UPC) announced that the previously stated target date for the entry into operation of the UPC, envisaged for December 2017, will now be delayed....more

Top EU patent and EU unitary patent developments in 2017 for ADG companies

by Hogan Lovells on

In 2016, proposals crystalized that will bring significant changes to the European Union (EU) patent system and the patent litigation system. Despite the Brexit, the United Kingdom (UK) has announced that it too will ratify...more

UK to submit to primacy of EU law?...Maybe for patents

by Dechert LLP on

As the UK Government embarks on its journey of disentangling the UK from EU law and the jurisdiction of the Court of Justice of the European Union (“CJEU”), it is simultaneously continuing in its efforts to join a new...more

The Brexit Clock Has Started—What Happens Next?

by Jones Day on

The United Kingdom and the remaining European Union Member States ("EU-27") will negotiate the terms of the UK's withdrawal—and likely its future relationship with the EU—over the course of the next two years. European...more

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Proposed timeline for the UPC from the Preparatory Committee

by Hogan Lovells on

After the British government gave the go-ahead for the UPC system to enter into force in November 2016 by announcing that – despite Brexit – they intend to ratify the Agreement on the Unified Patent Court (UPCA), the...more

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

by Knobbe Martens on

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

Brexit – implications for ASEAN

by Reed Smith on

In this article we consider what implications Brexit could have for current and potential ASEAN investors in the UK. We also consider whether it is likely that, going forward, the UK and ASEAN will enter into free trade...more

News from Abroad: Revised Provisional Timetable for the Unitary Patent and Unified Patent Court

The Preparatory Committee of the UPC has published a revised timetable for the final stages of preparations for the opening of the Unified Patent Court (UPC). The revised timetable indicates that the Sunrise Period during...more

Unified Patent Court Could be Operational as Early as December 2017

by Reed Smith on

As we discussed in a prior post, the introduction of the Unified Patent Court (UPC) will be a significant change to the European patent landscape and will have a profound effect on how life sciences companies set about their...more

UPC Targets December 2017 Launch

by Dechert LLP on

The Preparatory Committee for the European Unified Patent Court (UPC) has indicated its intention that the UPC will become operational and the UPC Agreement will come into force in December 2017....more

Could the EU Unified Patent Court Start Working in December 2017?

by Dorsey & Whitney LLP on

The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it...more

European Unified Patent Court Roll-Out Planned For 2017

On January 16, 2017, the European Unified Patent Court (UPC) announced that a Preparatory Committee is currently working under an assumption that the Provisional Application Phase (PAP) of the UPC will presumably begin in May...more

Unitary Patent Inches Closer to Adoption with UK’s Ratification Announcement

The Intellectual Property Office of the United Kingdom (UK)—together with the Minister of State for Energy and Intellectual Property and Prime Minister May—issued a press release on Nov. 28 confirming that the country will...more

Green Light to UK Ratification of the Unified Patent Court Agreement, Despite Brexit

by Reed Smith on

On 28 November, the UK Government confirmed that it is proceeding with preparations to ratify the Unified Patent Court Agreement. This is an essential part of the process needed to realise the Unified Patent Court. Businesses...more

UK Prepares to Ratify Unified Patent Court Agreement

by White & Case LLP on

On Monday, 28 November 2016, the UK announced that it will proceed with its preparations to ratify the Unified Patent Court Agreement, notwithstanding the Brexit vote taken on 23 June 2016. This decision, surprising to many,...more

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