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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…)

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…)

UPC Case Management System – a look at version 0.38

IMG_8533A couple of weeks ago IPcopy took a look at the Case Management System of the Unified Patent Court. Mere minutes after posting our article it was pointed out to us that the CMS had been updated! That update took the CMS to version 0.37.6. Having taken a look through v0.37.6, and wary that the CMS could be updated again, we prepared an update on the changes.

It turns out, however, that our wariness was not misplaced since a further update on the CMS has been released. The current version level is 0.38. How long this might last is anyone’s guess but there are hints that further functionality is planned (see below).

This post will therefore provide an overview of where we are now. Some of the updates discussed below appeared in v0.37.6 and some appeared in v0.38. We’ve pointed out where some things have changed between v0.37.6 and v0.38.

Unlike the apps which update on my smartphone the latest release of the CMS platform has not yet been accompanied by a helpful “What’s New” summary (an email containing fairly basic update information followed some days after the v0.36.7 update but so far nothing for v0.38).

So, we’ve imagined what it might look like if the CMS was an app in the App Store and tried to put a What’s New summary together for you (Note: as in our previous post this article is only looking at the opt-out part of the CMS. If you’ve seen any interesting issues elsewhere in the CMS then please let us know in the comments section).

IPcopy’s comments on the changes are in [italics]. (more…)

CIPA Seminar: Getting Practical with European Patents & the UPC – Episode 2

IMG_8533-1Last week IPcopy watched the second webinar in the CIPA UP/UPC series “Getting Practical with European Patents & the UPC – Episode 2 – managing the knowns and the unknowns of the ‘opt-out’” which was presented again by Pippa Allen. IPcopy’s post on the first webinar can be found here.

The subject of the second webinar was the opt-out and the presentation covered the legal basis for the opt-out as well as the pros and cons of opting a classically validated European patent out of the competence of the Unified Patent Court (UPC).

Opting out a classical EP patent from the UPC is seen as essentially preserving the status quo as far as a patent owner is concerned since an opted out EP patent is regarded as no longer being within the competence of the UPC. Assessments of the UPC may therefore tend to play up the risk of central revocation without providing much in the way of a counter point of view.

The second CIPA webinar however looked to provide a more balanced assessment of the UPC and also of the option of requesting unitary effect for EP patents that grant after the unitary patent system comes into force. (more…)

A look at the Case Management System of the Unified Patent Court

IMG_8533[Update: a week, as probably no-one has said before, is a long time in UPC CMS development…

Since posting the article below I’ve realised1 that the CMS has been updated(!), one of the more obvious changes being that the opt-out section of the CMS has had a bit of a revamp. Some of the issues below are still valid concerns but the overall process looks a little different now. We’ll be reviewing the changes and will report back shortly.]

Although the entry into force date of the unitary patent system is uncertain the official line is still that the Unified Patent Court is on track to open its doors. The suggested start date of 1 December 2017 is almost certainly unachievable now that the UK has called a General Election but a go live date around Spring 2018 seems doable.

In light of the “business is usual” message from the Powers That BeTM attention is turning towards the mechanics of working with the UPC. CIPA has recently started its Getting Practical series of webinars and a future session is earmarked for a practical walkthrough of the Case Management System (CMS) that we’re all going to need to get to grips with.

IPcopy recently sat down to play around with the CMS and has some observations on the system. It is our understanding that the whole system has been developed pretty quickly and a lot of progress has been made in a short space of time which is pretty remarkable. That being said, from IPcopy’s point of view, there are still a number of issues that can be improved upon. We’ve only been looking at a subset of the features of the CMS, namely the opt-out process, so we’re not sure whether the issues below extend across the rest of the system. (more…)

CIPA Seminar: Getting Practical with European Patents & the Unified Patent Court – Episode 1

IMG_8533-1This post provides an overview of the recent CIPA webinar: Getting Practical with European Patents & the Unified Patent Court – Episode 1 presented by Pippa Allen. This webinar was the first in a series about the unitary patent system. The next seminar is on Getting practical with European patents and the UPC EP2: managing the knowns and the unknowns of the “opt-out”. Future seminars will cover aspects of the unitary patent system referenced here in more detail, e.g. validity and infringement opinions and also a look at the Case Management System (CMS) that will be used to manage actions in front of the new Unified Patent Court.

It is noted that Getting Practical Episode 1 webinar was an extremely content rich presentation and IPcopy will not cover all aspects discussed. Interested readers are directed to the links at the bottom of the post for further information. (more…)