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Introduction: What is the Unitary Patent System?

1. January 2024/in Special Edition UPC December 2022, UPC Overview

In this introduction, you will learn what the unitary patent system is and what the EU’s objectives are with this innovation.

Read more
/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2024-01-01 17:51:142024-11-21 11:55:17Introduction: What is the Unitary Patent System?

Opt-out

1. January 2024/in Special Edition UPC December 2022, UPC Overview

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!

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/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2024-01-01 15:50:002024-12-10 15:58:57Opt-out

Competence of the UPC

1. January 2024/in Special Edition UPC December 2022, Unitary Patent Court, UPC Overview

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, …

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/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2024-01-01 15:32:412024-11-27 15:57:34Competence of the UPC

Structure and functionality of the UPC

1. January 2024/in Special Edition UPC December 2022, Unitary Patent Court, UPC Overview

The Unified Patent Court (UPC) consists of a Court of First Instance, a Court of Appeal and a Registry. The Court of First Instance comprises a central chamber sitting in Paris and a division sitting in Munich, as well as several local and regional chambers. All the panels of the Court of First Instance are multinational and composed of three judges …

Read more
/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2024-01-01 14:43:162024-11-27 15:50:28Structure and functionality of the UPC

Strategic considerations

1. January 2024/in Special Edition UPC December 2022, UPC Overview

The introduction of the unitary patent system paves ways for taking many different routes towards a European patent strategy. Find out which routes are available!

Read more
/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2024-01-01 12:46:432024-12-12 15:37:39Strategic considerations

The UPC roadmap

14. September 2022/in Special Edition UPC December 2022, UPC Overview

After delays, the Unified Patent Court started its work on June 1, 2023.

With the deposit of the instrument of ratification by Austria as the thirteenth member on January 18, 2022, the UPC had already entered into force provisionally in accordance with the “Protocol to the Agreement on a Unified Patent Court concerning Provisional Application” (PPA). Under this provisional applicability, preparations for the operation of the UPC were underway. In particular, the UPC Administrative Committee already officially confirmed the locations of the Court of First Instance and adopted the Rules of Procedure and the Table of Costs, which entered into force on September 1, 2022. Also, the judges’ disbursement and the finalization of the IT infrastructure already took place within the framework of provisional applicability.

With the deposit of the instrument of ratification by Germany on February 17, 2023, the preparations were completed. Thus, the 3-month “sunrise period” started and the Unified Patent Court could finally start its work on the first day of the fourth month after the deposit of the instrument of ratification on June 1, 2023, according to Art. 89 EPCÜ.

Already during the “sunrise period” an opt-out could be declared ahead of time in order to keep patents out of the UPC system and to prevent a central attack on the patent directly after the entry into force of the UPC. This op-out can be withdrawn at a later date.

  • January 2022

    Preliminary application of UPC starts with 13th ratification (Austria)

  • Beginning until end 2022

    Preparatory work

  • Beginning of 2023

    Deposit of German ratification document (February 17, 2023)

  • Sunrise period

    3 months, starting with the first of March 2023

  • 1st of June 2023

    UPC enters into force

    First day of fourth month after deposit

 

Back to UPC overview
/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Lucia Biehl /wp-content/uploads/2022/04/boehmert_logo.svg Lucia Biehl2022-09-14 15:38:052024-01-15 11:16:47The UPC roadmap

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