11th Apr 2022
Being part of the UPC means that a common court is used for patent litigation in UPC member states, whereas opting out of the UPC means that the relevant national courts in those states are used for patent litigation instead. As discussed below, there are benefits to opting in or opting out of the UPC – but the actions of third parties could solidify the choice of whether rights are enforced and defended before the UPC or national courts.
28th Jan 2021
A patent provides an exclusive right, for a limited period of time, that can be used to prevent others from making, using, importing, or selling products and/or carrying out processes covered by the patent. This is all well and good for a multinational corporation that has the means to police their patents and sue infringers, but where is the value for smaller innovative companies, such as startups or SMEs, which are unlikely to have the resources to do that? Obtaining patent protection can be expensive and uncertain, so what’s the point?