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Unitary Patent Package – The Ratification Game (Lithuania completes its ratification formalities)

EU shirt2Update (25 August 2017)

According to the website of the Council of the European Union, Lithuania has now deposited its instrument of ratification (on 24 August 2017) to become the 14th country to complete its ratification formalities. Lithuania joins Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the fourteen countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The EU Referendum in the UK threw the timescale into doubt last year and the Preparatory Committee recently noted that there are some additional hurdles to be overcome before the system can go live, namely securing enough approvals to the Protocol on Provisional Application (PPA) and the resolution to the challenge in the German Constitutional Court. Despite these issues the Preparatory Committee still seem to be working toward the sunrise period at the UPC starting in early 2018.

There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if the UK and Germany complete their own ratification procedures and sufficient approvals to the PPA are obtained.

Now that Lithuania has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

 

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CIPA Seminar: Validity & Infringement Opinions in the UPC Jurisdiction- Episode 6

IMG_8533-1This is another belated IPcopy report of a recent CIPA UPC seminar. This webinar looked at the issue of Infringement and Validity Opinions in the European patent landscape when (if?) the unitary patent scheme comes into effect.

Currently of course providing a pan European I&V opinion means that a bundle of EP patents need to be considered and requires the assessment of different infringement and validity laws in different countries. The seminar, run by Leythem Wall of Finnegan, asked whether UK EPAs* will be able to provide a pan European infringement and validity opinion once the Unified Patent Court opens its doors. (more…)

CIPA Seminar: Getting Legal with the Unitary patent and how to get it – Episode 5

IMG_8533-1The CIPA UP/UPC series continued in June with episode 5, “Getting Legal with the Unitary patent and how to get it” presented by Chris Mercer. A slightly belated IPcopy summary of the seminar follows…

As for the earlier entries in the series the opening of the seminar provided a recap of the basics of the unitary patent system. IPcopy won’t go over these again here but refers interested readers to our earlier posts on this lecture series here.

This seminar took a bit of a deeper dive into the rules and regulations relating to the unitary patent system and so, as well as references to the two unitary patent regulations (1257/2012 and 1260/2012) and the Unified Patent Court Agreement, we also got a look at the Rules relating to Unitary Patent Protection (UPR) and the Rules relating to Fees for Unitary Patent Protection. There was also some time spent looking at the EP Patent Register and the changes that are to be made there to accommodate European patents with unitary effect.

IPcopy has summarised some of the points that caught our eye: (more…)

Unitary Patent Package – The Ratification Game (Estonia completes its ratification formalities)

EU shirt2Update (2 August 2017)

According to the website of the Council of the European Union, Estonia has now deposited its instrument of ratification (on 1 August 2017) to become the 13th country to complete its ratification formalities. Estonia joins Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the thirteen countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The EU Referendum in the UK threw the timescale into doubt last year and the Preparatory Committee recently noted that there are some additional hurdles to be overcome before the system can go live, namely securing enough approvals to the Protocol on Provisional Application (PPA) and the resolution to the challenge in the German Constitutional Court. Despite these issues the Preparatory Committee still seem to be working toward the sunrise period at the UPC starting in early 2018.

There are now enough countries to have ratified the unified patent court agreement that the system will come into effect if the UK and Germany complete their own ratification procedures and sufficient approvals to the PPA are obtained.

Now that Estonia has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

(more…)

UPC: Summer Recess Update

The UK Parliament is now on its summer recess until September which seems like a good time for a brief update on some unitary patent related bits and bobs from the last couple of weeks. (more…)

Patents for the Summer Holidays

Motorised ice cream cone

Summer is here which can mean only one thing. It’s time to give you a run down of the weird and wacky intersection of the vacation industry and the patent system! (more…)

CIPA Seminar: How will the unitary patent affect your patent strategy? – Episode 4

IMG_8533-1Episode 4 of the CIPA series on the unitary patent system looked at factors that might impact an applicant’s patent strategy. This entry into the CIPA UPC series covered some similar ground to the first three seminars and so we’ve tried to represent the main points in the table below. This session was notable for the extended Q&A session (which IPcopy personally enjoyed) which, in our view, suggested that there may still be some misunderstandings over how the unitary patent system will work in practice. Some of the themes from the Q&A are also discussed below along with a few other titbits of information.

The speaker, Dave Croston of Withers & Rogers, pointed out that the webinar would not be an algorithm that you could plug factors into in order to develop a patent strategy. Neither would it be an exhaustive look at all strategy based points. Rather the seminar aimed to provide a headline look at a number of the issues. (more…)

UPC: UK/DE Ratification update and new version of CMS expected soon

DDZiBDkXYAAgvPY (1)We’ve had some developments of sorts over the last week as far as ratification progress for the UK and Germany is concerned. A new version of the Case Management System for the UPC is also expected to arrive shortly. (more…)

Further delays for the Unitary patent system

IMG_8533The Unified Patent Court website announced last week that the target date for the entry into force of the UPC is going to be delayed (the date being targeted was 1 December 2017).

As noted in the announcement the entry into force date was subject to a number of factors such as completing the required number of national ratification procedures and getting enough countries to participate in the Protocol on Provisional Application. A new timetable is expected to be published soon. (more…)

CIPA Seminar: UP and UPC series: Episode 3 (The UPC Landscape – what will it look like?)

IMG_8533The third in CIPA’s unitary patent seminar series was delivered by Vicki Salmon. This webinar provided a detailed look at the whole unitary patent system, the current patent landscape in Europe and the differences between the two. (more…)