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The 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…)
The 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…)
A 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…)
Last 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…)
[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…)
This 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…)
This week’s snap decision by the Prime Minister to call an early election caught pretty much everyone by surprise and, in IPcopy’s view, is likely to delay (again) the progress of the unitary patent system as the processes around the election seem likely to interfere with the UK’s ratification of the UPC Agreement. In this post we take a look at the timeline for the election and how, in our view, it might potentially push the unitary patent system start date into early 2018. (more…)
Despite there being some more work to do in bringing the unitary patent system online (not to mention the possibility that Brexit could still potentially torpedo or severely slow down the whole process), IPcopy has been asked a growing number of questions recently about the unitary patent and the Unified Patent Court.
What follows below is a selection of questions that we’ve encountered over the last few weeks. This is by no means an exhaustive summary of the current state of play of the unitary patent but we hope the discussion below is useful nonetheless.
A list of topics is below. Click on the topic of interest to jump to the correct part of the post. (more…)
After a five month Brexit induced wobble the unitary patent system appears to be heading toward lift off and is once again figuring in the plans of some patent owners.
Indeed, in the last week, IPcopy was asked whether a currently pending European patent application would be eligible for unitary patent status or if there was a risk it might grant before the system goes live.
In this post we take a quick look at what makes a European patent eligible for unitary effect on grant and how the unitary patent system timescale matches up with the European patent process. (more…)
The UK Prime Minister announced this week that Article 50 would be triggered on 29 March 2017.
It had been previously reported that the UK might try and conclude its ratification procedure for the Unified Patent Court Agreement prior to the Article 50 notification but the ratification procedure has slipped sufficiently that this will not now be possible.
IPcopy understands from the UKIPO that there is currently no confirmed date for laying the Statutory Instruments (on Privileges and Immunities) before Parliament that are required to complete the UK’s ratification formalities. It is expected that this will now occur after the Easter recess towards the end of April. Further details on the UK’s path to ratifying the UPC Agreement can be found here.