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Unitary patent: AG’s Opinion (Spanish Challenges) Re-scheduled for November

Unified patent courtThe CJEU court diary has just been updated* to show that the Advocate General’s opinion relating to the Spanish challenges to the unitary patent package (in cases C-146/13 and C-147/13) is now scheduled for 18 November 2014.

An early Christmas present beckons for either Spain or the EPO…..

The CJEU court diary can be accessed here. Screengrab below. (more…)

UPC Ratification Progress in the Czech Republic & the Polish Economic Report

EU flagBack in July we reported that although there was a political will in the Czech Republic to ratify the Unified Patent Court Agreement, there was likely to be a delay until an economic impact assessment could be carried out. Such an assessment in turn could not happen until details of the renewal fees, court fees etc. were published.

The Kluwer Patent Blog is now also reporting that, in addition to the economic factors, there is an issue over the quality of machine translations into Czech. (more…)

Unitary patent: Advocate General’s opinion on the Spanish Challenge is delayed

Unified patent courtSet phasers to “Wild Speculation”.

As has been widely covered, Spain is challenging the Unitary Patent Package via two actions at the CJEU ( C-146/13 and C-147/13 against the European Parliament and the European Council). In what has been a relatively quiet few months for news relating to the unitary patent and the unified patent court, IPcopy was looking forward to 21 October 2014 which was when the Advocate General was expected to publish the AG’s opinion on the two Spanish actions.

However, the IPO’s monthly newsletter IP Connect is now reporting that publication of the AG’s opinion will not take place in October and no revised date has been given (see page 5 of the October IP Connect). What does this mean? Perhaps the AG is just busy but maybe there are issues with the opinion and its potential impact on the Unitary Patent Package or perhaps the EPO’s role in the system. We’ll keep an eye out for further news on this issue but if anyone knows more please feel free to chime in below in the comments section.

Mark Richardson 6 October 2014

Unitary patent – Preparatory Committee Updates

Unified patent courtThe Preparatory Committee for the Unified Patent Court has updated their website to indicate that a number of experts have been invited to join an Expert Panel to provide informal advice to the various work streams that exist in the UPC roadmap. The UPC website has also been updated with a new roadmap.

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Unitary patent system & EPO strikes – answers from the European Parliament

EU flagBack in June IPcopy noted that there were three questions pending in front of the European Parliament from Marc Tarabella (Member of the European Parliament – see his biography here) that related to the unitary patent system. There was also a fourth question regarding relations between the EPO and the EU from another Member of the EU Parliament.

Answers to these questions were recently posted and are highlighted below.

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European Patent Litigation Certificate – Response to Consultation

Unified patent courtThe Legal Working Group of the Preparatory Committee has recently launched a consultation on their proposals for the European Patent Litigation Certificate. The consultation timeframe is relatively short and runs until Friday 25 July 2014. Comments are to submitted electronically to secretariat@unified-patent-court.org. The consultation document can be found here and an explanatory memorandum can be found here.

At a recent CIPA seminar The Hon Mr Justice Birss suggested that the best way to influence the Prep Committee’s position on the content and form of the EPLC would be to present a united front with other countries in Europe. To that end IPcopy would be interested to hear from readers in other countries, e.g. Ireland, Sweden, the Netherlands, regarding their reaction to the content of the EPLC proposal. Additionally if any reader wants to share their response to the consultation then IPcopy will be happy to start a consultation round-up post.

The comments below form the basis of this ipcopywriter’s response to the EPLC consultation. These are personal views.

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Unitary patent and Unified patent court – Conference Review (Part III)

EU flagThis post covers the afternoon sessions from the “Unitary patent and the Unified patent court” conference in Paris on 4 July.  This post covers a session from a number of European judges on the UPC and views from some IP intensive companies (such as Google, Microsoft and GSK). [Part I and Part II cover sessions (1) through (4).] (more…)

Unitary patent and Unified patent court – Conference Review (Part II)

EU flagAs noted yesterday,  I attended the 2nd annual conference on the “Unitary patent and Unified patent court” held in Paris on 4 July. The report of the early morning sessions ((1) and (2)) from this conference can be found in yesterday’s post. Today’s post takes in the sessions ((3) and (4)) between the mid-morning break and lunch (Ratification update and a keynote speech from Margot Fröhlinger). (more…)

Unitary patent and Unified patent court – Conference Review (Part I)

EU flagLast week on 4 July I had the good fortune to attend the 2nd annual conference on the “Unitary patent and Unified patent court” held in Paris.

The strapline for the conference was “The Patent Revolution is ON” which was an effort  to highlight the most significant change in European patent law in 40 years or so. In reality, as many of the panelists were keen to point out, the unitary patent system represents a modification of the existing systems and should be perhaps viewed as an evolution rather than revolution.

There was a significant amount of ground covered at the one day event and many of the panelists at the conference are people who are actually involved in bringing the new patent system into being. We had judges from around Europe as well as members of the both the EPO Select Committee and the Preparatory Committee.

Given the ground covered I’m going to go session by session to highlight the issues that were discussed. (more…)

Unitary patent system & EPO strikes – questions in the European Parliament

EU flagMarc Tarabella is a Member of the European Parliament (see his biography here). Back in October 2013, he asked a question of the Commission relating to the possibility that “patent trolls” could soon arrive en masse in Europe thanks to the incoming unitary patent system. As noted on IPKat this question resulted in a slightly sniffy response from Commissioner Barnier which started by saying “The Commission fails to see how the recent Union legislation on patents, namely Regulations 1257/2012 and 1260/2012, could increase the activity of so called ‘patent trolls’ in Europe.”

It would seem Mr Tarabella has not been put off by the previous response he received and he’s recently asked more questions about the unitary patent system. It should be noted that Mr Tarabella generally appears to be something of a Parliamentary Questions Factory with, currently, 1229 questions on various topics to his name!

All three of Mr Tarabella’s questions were asked on 17 April 2014. (more…)

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