28th Jan 2022
It is expected that the first Unitary Patents will be granted within the next year. In view of this, many applicants of pending European applications may wish to delay the grant of their applications so as to be able to benefit from obtaining a Unitary Patent covering all countries participating in the Unitary Patent, alongside conventional national validations of the European Patent in other EPC countries.
20th Jan 2022
The Unified Patent Court (UPC) Agreement to establish a Unified European Patent Court and the associated Regulations to allow the creation of a Unitary Patent were issued at the end of 2012. Now, almost ten years later, Austria’s deposition of its instrument of ratification of the Protocol on Provisional Application of the UPC Agreement moves us a step closer to the establishment of the UPC and the issue of the first Unitary patent.
31st Jul 2020
The UK has taken a further and more definitive step towards the end of its involvement in the Unitary Patent (UP) project. A written statement by Amanda Solloway (Parliamentary Under Secretary of State, Minister for Science, Research and Innovation) was tabled in the House of Commons on 20th July 2020 indicating that, by means of a Note Verbale, the UK had withdrawn its ratification of the Agreement on the Unified Patent Court (UPC). By withdrawing its ratification, the UK has clarified once and for all its status in respect of the Agreement. Amanda Solloway’s statement suggests that, by doing so, the UK has intended to facilitate an orderly entry into force of the Agreement for the other States involved.
20th Mar 2020
The German Federal Constitutional Court (Bundesverfassungsgericht) has announced its decision that the planned UPC does not comply with German constitutional law.
2nd Mar 2020
The Government has just published a document setting out the UK’s approach to the negotiations with the EU that may have put an end once and for all to the UK’s involvement in the Unitary Patents (UP) project. As noted not too long ago here, after the Brexit referendum vote, under both the May administration and the Johnson administration, the UK government has repeatedly expressed an intention to bring an end to the European Court of Justice (ECJ)’s jurisdiction.In a way, then, it cannot come as a major surprise that in the UK’s negotiating objectives – which have just been published – the Government has essentially reiterated that concept. Whilst a future relationship with the EU is envisaged that is based on friendly cooperation between sovereign equals, this is meant to be one where both parties respect one another’s legal autonomy, and the Government has explicitly stated that they “will not agree to any obligations for UK laws to be aligned with the EU’s, or for the EU’s institutions, including the ECJ, to have any jurisdiction in the UK.”
22nd Jan 2020
The EPO says they’d be ready to get going with Unitary Patents later this year. Has anyone else spotted the (Br)elephant in the room? According to a press release published by the European Patent Office (EPO) on 10th January 2020, the EPO president António Campinos and his team have recently met with the Chair of the EPO Unitary Patent (UP) Select Committee and members of the Unified Patent Court (UPC) Preparatory Committee from the EU member states. The main item on the agenda for them was a discussion of the most recent developments concerning the implementation of UP and UPC (the so called Unitary Patent package, which we have talked about here).
26th Feb 2019
Unitary patent: we provide an overview of the current status of the UPC system and what we might expect to happen in the coming year.
27th Apr 2018
The UK government yesterday announced that they had ratified the Agreement on the Unified Patent Court. This means that we are just waiting for German ratification, and then the Unified Patent Court, and with it the granting of Unitary Patents across Europe, can begin.