A topic that does not immediately come to mind in relation to the Unitary Patent System is whether the introduction of the Unitary Patent is to be taken into account in the context of negotiating patent-related contracts. This includes classical license agreements as well as R&D agreements, consortium agreements and other agreements comprising provisions on the creation or use of patents.
The parties to a proceeding must pay court fees for the proceeding. These shall be paid in advance unless otherwise specified in the Rules of Procedure. If a party has not paid the prescribed court fees, it may be excluded from further participation in the proceedings. The court fees for proceedings before the Unified Patent Court (UPC) consist of a fixed fee and a fee based on the value in dispute.
In addition to the European patent with unitary effect (Unitary Patent), which also develops protection in Germany, the existence of a national German property right remains, which will presumably play an even more important, flanking role in the future. According to the previous regulation of the IntPatÜG concerning the European bundle patent, if the subject matter of a German patent …
With the “opt-out”, a transitional period has been provided within the framework of the new unitary patent system. What to consider and what options you have as a patent proprietor, read here!
In principle, since the entry into force of the Agreement, the Unified Patent Court (UPC) has had exclusive jurisdiction over civil proceedings relating to European patents, unitary patents, supplementary protection certificates for products protected by such patents and European patent applications. The scope of exclusive competence includes, inter alia, actions for actual or threatened infringement and related defenses, actions for a declaration of non-infringement, …
With regard to jurisdiction of the Unified Patent Court (UPC), a distinction must be made between the international jurisdiction of the UPC, the subject-matter jurisdiction, the jurisdiction in relation to courts of Member States with regard to non-unitary European patents, and the jurisdiction of the individual chambers of the Court of First Instance among themselves.
Decisions of the UPC are directly applicable in all contracting member states. Decisions based on non-unitary European patents are of course only applicable in member states in which the patent is validated at the time of the decision. Still, in both cases, the territorial applicability goes beyond individual …
In the context of actions for infringement before the Unified Patent Court (UPC), forum shopping means the possibility for a plaintiff to choose a particular division out of several competent divisions for his action. Reasons for choosing one division over another are based on the wiggle room and discretion that the rules on procedure …
In patent infringement proceedings before the Unified Patent Court (UPC) a claimant can, in particular, be awarded claims to injunction, information and damages as well as recall and destruction. However, the rules governing the UPC provide provisional measures and orders which can be applied for before or besides main infringement proceedings …
The written procedure of the, in practice, most important proceedings, actions for infringement of patents together with counterclaims for revocation and applications to amend, is illustrated in the Rules of Procedure …
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