Home » Patents » Unitary patent and UPC Update – September 2015

Unitary patent and UPC Update – September 2015

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IMG_8533-1Summer seems to be drawing to a close so it’s probably time to put the mankini away again for another year. Fear not however because we have the first post-beach update on the unitary patent and the UPC. Covered below are brief updates on Italy in the unitary patent, feedback from the UPC fees consultation, the UPC in London and highlights from the most recent update from the UK’s UPC Taskforce (including news on the EPLC).

Italy – If you can’t beat ’em, join ’em

Italy has decided to formally notify its intent to participate in the enhanced cooperation regime that covers the two unitary patent regulations. A request to participate was sent to the Council of the EU in July (see here). Despite requesting accession to enhanced cooperation, Italy points out that this “does not prejudge Italy’s well established position on the EU language regime and does not constitute a precedent“. [Thanks to Giuseppe Colucci for pointing out this link]

UPC Fees Consultation

The UPC fees consultation has now closed but some comments have popped up online from EPLAW (see here) and the Confederation of Industry of the Czech Republic (see here).

The Czech Confederation are not particularly impressed by the proposed fees suggesting that “if the patent rights protection and enforcement system in Europe will be charged by fees in accordance with the proposed tariffs, the whole patent process will become meaningless for our companies“.

UPC London Location

Probably the biggest bit of news over the summer was the confirmation of the location of the London section of the central division and the UK location division of the UPC in Aldgate Tower (see map location below). Aldgate is a location “benefiting from and merging the global finance district of Bank, the TechCity hub around Old Street, the edgy creativity of Shoreditch, Brick Lane and Spitalfield” and can now add another claim to fame as the host of the UPC.

UK’s UPC Taskforce Update

The Preparatory Committee met last week and agreed the Provisional Application Protocol for the UPC. It is expected that this will be signed in October. The European Patent Litigators Certificate (EPLC) has apparently also been agreed and should appear soon on the UPC website – Watch this space! Next meeting of the Prep Committee is 19 October.

The HR & Judicial Training team is continuing to negotiate on the judicial salary package. Methods of judicial part-time working are being looked at to ensure that the UPC judicial group is appropriately remunerated and fully utilised.

The Finance group has been working through the Court Fees Consultation responses over the summer and should shortly agree the summary to be provided to the Preparatory Committee in October.

The EPO Select Committee next meets on 13 and 14 October to continue discussions on the remaining details relating to the Unitary Patent.

Mark Richardson 8 September 2015


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