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Patents, trade and foreign direct investment in the European Union

euro-2-coin-currency-52965The EPO published a paper last week – Patents, trade and foreign direct investment in the European Union – which assessed “the impact of the European patent system on the circulation of technologies through trade and foreign direct investment in the EU single market”.

The paper contains an interesting discussion on the impact of the patent system on trade and investment, particularly in “high IP” industries such as bio-pharmaceuticals, ICT and medical device industries. However, as far as the discussion about the unitary patent system is concerned the paper glosses over or omits the challenges or drawbacks facing the unitary patent and Unified Patent Court. (more…)

Unified Patent Court: the end of the beginning or the beginning of the end?

IMG_8533-1The unitary patent and UPC are within touching distance of going live. However, recent developments in the UK and Germany potentially put the whole system at risk. So, simply put, where are we now?

When the unitary patent system first came to IPcopy’s attention we were at a conference in Brussels in December 2012 where the keynote speaker from the European Commission suggested that the system would be up and running in just over a year, i.e. Spring 2014. The reality and difficulties of setting up the unified patent court meant that the “go live” date consistently slipped further and further along. Back in August 2013 we had adjusted the expected go live date to “late 2015” and last May, a start date somewhere within 2017 was expected. (more…)

UPC Update – October 2017

IMG_8533-1Autumn has officially arrived and so, as we get stuck into another academic year, IPcopy thought we’d quickly take stock of where we are with the unitary patent project. Since our last update back in July it seems like we’ve had a fair amount of news but little in the way of progress. (more…)

IPcopy is 5! – Our Top 10 posts from the last 5 years

file2611249338382While listening to the radio last week I had cause to feel old when the presenter introduced the next track as celebrating 19 years of airplay. The track in question? Britney Spears’ “Hit Me Baby One More Time”. Unbelievably this was released in 1998 and even more unbelievably it was almost considered for the group Five….

Another  “where has the time gone?” moment came later in the week when our blog notification alert went off to note that IPcopy is five years old. This got us thinking about our most viewed posts and so here are our top 10 patent, trade mark and IP posts from our first five years. (more…)

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…)