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Unitary Patent Package

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The adoption of the regulations for the unitary patent and unified patent court has been hailed as an historic achievement and the target implementation date for the unitary patent and unified patent court was originally scheduled for April 2014, though late 2015/2016 now looks more likely. Unitary patents will be treated as a single patent in potentially 24 or 25 (out of 28) EU member states and will not require separate validation and translation in each of those member states. The aim of the unitary patent system is to make Europe more attractive for investors and to bring Europe more into line with patent systems in Asia and the US.

This page comprises a collection of our posts on the subject of the unitary patent package (unitary patent and unified patent court). The posts in the “All Posts” section are provided in date order (most recent first). A selection of these posts are also grouped into a “Reference Posts” section and these represent our overview of the proposed system as we understand it so far.

Reference Posts/Links

Unitary patent package – Updated Q&A – this links to the April 2013 version of our Q&A post. The original version from December 2012 is here.

The Unitary Patent Package: Two Years On – this provides an overview of progress in implementing the unitary patent package up to February 2015

Unitary patent package – final texts:

Unitary patent package – Rules of Procedure for the Unified Patent Court (18th Draft).

Unitary patent package – Timeline of events

Unitary patent package – The Ratification Game. This blog post will be periodically updated as the position on ratification of the unified patent court agreement changes.

UK – Intellectual Property Bill – Progress of Bill

All posts

May 2017

April 2017

March 2017

February 2017

January 2017

December 2016

November 2016

October 2016

September 2016

July 2016

June  2016

May 2016

April 2016

March 2016

February 2016

January 2016

December 2015

November 2015

October 2015

September 2015

August 2015

July 2015

June 2015

May 2015

April 2015

March 2015

February 2015

January 2015

December 2014

November 2014

October 2014

September 2014

August 2014

July 2014

June 2014

May 2014

April 2014

March 2014

February 2014

January 2014

November 2013

October 2013

September 2013

August 2013

July 2013

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

  • Why Malta could inadvertently block your unitary patent25 January 2013. Malta only joined the EPC in March 2007. Will this impact on the unitary patent system? This post takes a closer look.
  • Unitary Patent Package – Does Article 47(5) of the UPC Agreement hardcode bifurcation? – 22 January 2013. This post looks at how infringement actions brought by an exclusive licensee are handled. In particular, whether the defendant can counterclaim on the grounds of validity.
  • Unitary patent package – final texts – 17 January 2013.  The two regulations covering the creation of the unitary patent and the associated translation arrangements plus the final text of the agreement on the unified patent court. Also includes links to two documents correcting parts of the UPC Agreement. (Note: a contents section for this version of the UPC agreement can be found here and a consolidated version comprising the contents section and corrected pages can be found here)
  • Unitary Patent Package – the national patent alternative3 January 2013. This post looks at the national filing options for applicants and in particular highlights member states of the unitary patent package that do not allow direct national phase filings from PCT applications.

December 2012

October 2012

Links

1) Eur-lex – Access to European Law – (i) unitary patent arrangements; (ii) translation arrangements

2) Council of the European Union – Agreement on unified patent court [Final text]

3) EPO notices – unitary patent & unified patent court

4) Eur-lex – Regulation authorising enhanced cooperation in the area of creation of unitary patent protection

[Draft agreement on unified patent court and draft statute]

Mark Richardson


4 Comments

  1. Gonçalo Sousa says:

    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.

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