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Forum Shopping

1. January 2024/in Unitary Patent Court, UPC Overview

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 …

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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 15:12:572024-12-10 16:07:28Forum Shopping

Provisional measures and orders

1. January 2024/in Unitary Patent Court, UPC Overview

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 …

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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 15:06:362024-12-10 16:17:56Provisional measures and orders

UPC: Case management and proceedings

1. January 2024/in Unitary Patent Court, UPC Overview

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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/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2024-01-01 14:57:462024-12-12 15:58:08UPC: Case management and proceedings

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 …

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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 14:43:162024-11-27 15:50:28Structure and functionality of the UPC

UPC: Defence possibilities for defendants

1. January 2024/in Unitary Patent Court, UPC Overview

As a formal ground for defence, defendant may challenge the jurisdiction and competence of the UPC, as the competence of the national courts continues to apply for all actions that are not listed in the UPC agreements, such as any actions based on opted-out EP patents …

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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 14:23:302024-12-10 16:27:46UPC: Defence possibilities for defendants

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!

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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 12:46:432024-12-12 15:37:39Strategic considerations

Interplay between infringement and revocation proceedings in the Unitary Patent System

1. January 2024/in Unitary Patent Court, UPC Overview

In the Unitary Patent System, the Unified Patent Court (UPC) has jurisdiction over both infringement and revocation actions. However, under certain conditions, an infringement action and a parallel revocation action may be decided by different divisions of the UPC …

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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 12:01:392024-12-12 16:09:52Interplay between infringement and revocation proceedings in the Unitary Patent System

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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