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UPC Ratification: The UK completes its ratification formalities

EU shirt2According to the website of the Council of the European Union (and just about every other official IP channel), the UK deposited its instrument of ratification (on 26 April 2018) to become the 16th country to complete its ratification formalities. The UK joins Latvia, Lithuania, Estonia, Italy, the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the sixteen countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. However, the German Constitutional Court challenge has thrown the timescale and the long term future of the unitary patent system into doubt.

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

Infographic UK

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Mark Richardson 27 April 2018

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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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!”).

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

EU shirt2Update (13 February 2017)

According to the website of the Council of the European Union, Italy has now deposited its instrument of ratification (on 10 February 2017) to become the 12th country to complete its ratification formalities. Italy joins the Netherlands, Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the twelve countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. Although the EU Referendum in the UK threw the timescale into doubt, the Preparatory Committee recently confirmed that the target date for the unitary patent system to go live is December 2017.

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

Now that Italy 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!”).

ratification-feb-2017

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

EU shirt2Update (15 September 2016)

According to the website of the Council of the European Union, the Netherlands has now deposited its instrument of ratification (on 14 September 2016) to become the 11th country to complete its ratification formalities. The Netherlands joins Bulgaria, Finland, Portugal, Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eleven countries who have completed their ratification processes.

The unitary patent system requires 13 countries to ratify, including the UK, France and Germany. The target date for the unitary patent system was May 2017 but the result of the EU Referendum in the UK has thrown the timescale into doubt.

There are now enough countries to have ratified the the unified patent court agreement that the system will come into effect if just the UK and Germany complete their own ratification procedures. If the UK (and Germany) were to do this then it would open up a question about what will happen to the UK once Brexit happens. If the UK decides not to ratify the UPC agreement then the system will be on pause until either Brexit occurs or the various unitary patent agreements can be re-negotiated to remove the problems caused by the results of the UK’s EU Referendum from the equation.

Now that the Netherlands 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!”).

netherlands-upc

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Portugal ratifies the UPC Agreement

IMG_8533From IPcopy reader Gonçalo Paiva e Sousa comes news that the Portuguese president has apparently ratified the UPC Agreement.

Gonçalo’s comment in full reads:

“The Portuguese president has ratified the UPC Agreement, after the parliament approval. It is now official that Portugal has ratified the Unitary Patent Court Agreement – Presidential Decree n.º 90/2015 dated August 6, 2015.”

The text of the announcement can be found here. (more…)

Unitary patent and UPC news round-up

IMG_8533-1Here’s a selection of unitary patent and UPC flavoured news items that we’ve seen in the last few weeks:

Opt out fee

The regulations and agreements surrounding the unitary patent package have been picked over many times which has resulted in discussions about “hard coded bifurcation“, the Malta problem and just what the “exclusive competence” of the UPC means. To add to that list we now have the question: “Just what is the legal basis for the opt out fee?”  (more…)

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

EU shirt2

Update (22 May 2015)

According to the website of the Council of the European Union, Luxembourg has now deposited its instrument of ratification (on 22 May 2015) to become the seventh country to complete its ratification formalities. Luxembourg joins Malta, Denmark, Belgium, Sweden, France and Austria as one of the seven countries who have completed their ratification processes.

Regular readers will recall that we noted back in March that Luxembourg had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels.  Now that Luxembourg 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!”).

Ratification May 2015

 

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The Unitary Patent Package: Two years on, what to do now?

IMG_8533-1Back in December last year IPcopy started to take a look back at the unitary patent package and where we are in delivering this new unitary patent system. Our first “Where are we now?” post provided an overview of the Unified Patent Court itself and the second post looked at the progress there had been towards delivering the system. This entry asks what progress has there been on the road to getting the system up and running. Remember that although the original implementation date (end of 2014) was missed there has been some significant progress in delivering the new system. (more…)

The Unitary Patent Package: Two years on. Where are we now? (Overview of the Court)

Unified patent courtBack in December 2012 it was announced, in an historic agreement, that the European Parliament had adopted two regulations relating to the creation of the unitary patent. A third element of the unitary patent package, the agreement on the unified patent court, was signed in February 2013 and the EPO expected the first unitary patent to roll off the production line in Spring 2014. It’s now nearly the end of 2014 and we’ve not met the original, highly ambitious implementation date but there has been significant progress in delivering the new system.

Starting this week IPcopy is taking a look (in traditional IPcopy Q&A styleTM) at what the unitary patent package is and where we are. Unbelievably we’ve never really covered the actual structure of the new Unified Patent Court and so here, as your starter for 10, is an overview of the UPC itself. (more…)