Unified Patent Court Viewpoints
Hogan Lovells' dedicated cross-border team of legal experts provide the full range of legal services to patent holders, including strategic counseling, portfolio development, transactions, enforcement, and licensing. We understand the nuances that are sure to be involved in preparing and guiding patent applications through the new UPC system so we have provided you with various in-depth analysis to keep you at the forefront of the ever-changing patent landscape.
The Future of the UPC After Brexit
The UK vote to leave the EU has no immediate legal consequences for the contemplated Unitary Patent System.
By Prof. Dr. Winfried Tilmann, Counsel, Hogan Lovells International LLP, Düsseldorf
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Unitary patent – the situation in Italy
Out of the three instruments comprising the "unitary patent package", Italy only signed the agreement in respect of the Unified Patent Court and opted-out of the enhanced cooperation procedure that led to the adoption of the Regulations instituting the unitary patent itself. Let's see why, where we are and what are the consequences of the Italian decision.
By Hogan Lovells Partner Giovanni Ghirardi and Associate Carolina Cordero di Vonzo
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Unitary Patent - politics and patents
The UK has signed up to the UPC Agreement (the "Agreement"). The UK will now have to ratify the Agreement and hence effectively put it to Parliament.
By Hogan Lovells partner Nicholas Macfarlane and trainee solicitor Beth Williams
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Enhanced cooperation - An update from Italy
Out of the three instruments comprising the "unitary patent package", Italy has, to date, only signed the agreement in respect of the Unified Patent Court ("UPC") and opted-out of the enhanced cooperation procedure that led to the adoption of the Regulations instituting the unitary patent ("UP") itself.
By Hogan Lovells Associate Maria Luigia Franceschelli
SPCS & The Proposed Unitary Patent
This note considers the proposals for a new unitary patent covering the EU (the "Unitary Patent"), the current provisions regarding supplementary protection certificates ("SPCs") for the Unitary Patent, and how the existing SPC system could be arranged with the minimum renegotiation of the proposals to provide for SPCs for Unitary Patents.
By Hogan Lovells senior associate, Katie McConnell
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The Unified Patents Court - Potential Issues on the Agreement and Rules
There has been a great deal of debate surrounding all aspects of the proposed Unitary Patent system. In this article, I will explore three potential effects of the current drafts of the Agreement on the European and Community Patents Court and Draft Statute (the "Agreement") and the Draft Rules of Procedure (the "Rules"), and the impact this may have on litigants dealing with Unitary Patents.
This article is based on the most recent drafts of the Agreement dated 23 March 2009 and the Rules dated 24 May 2012.
By Hogan Lovells associate, Sarah Johnson
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Property in Unitary Patents
What is the law that applies to questions of property in unitary patents?
The unitary patent Regulation (EU) 1257/12, at article 7, states that if the applicant for a unitary patent has, at the time of filing, its principal place of business or its residency in a Member State then the patent shall be treated as if it is governed by the law of that country. Thus a French patentee has its unitary patent governed by French law.
By Hogan Lovells partner, Nicholas Macfarlane
What is the Jurisdiction of the UPC?
A key aim of the Unified Patent Court (UPC) is to provide a more streamlined and consistent approach to patent litigation in the participating member states, by providing a single forum for patent litigation. However, the proposals overlay existing national litigation systems. It is therefore important to understand exactly what is the jurisdiction of the new UPC, and what might happen where the boundaries are unclear.
By Hogan Lovells senior associate, Katie McConnell
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The Unified Patent Court: So Close, and Yet so Far ...?
The latest proposals for a single patent (the Unitary Patent) and a single patent court for EU Member States (the Unified Patent Court of UPC) have seen a recent surge of activity, but does that mean the UPC will go ahead?
By Hogan Lovells senior associate, Katie McConnell
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What is the structure of the Unified Patent Court?
The new Unified Patent Court will have exclusive competence to decide, inter alia, on the infringement and validity of EP's and Unitary Patents (cf. also UPC Viewpoint "What is the jurisdiction of the UPC?" by Katie McConnell). The draft Agreement on a Unified Patent Court (the "Agreement") provides for the establishment of an entirely new court structure for patent litigation with EP's, Unitary Patents and SPC's.
By Hogan Lovells counsel, Dr. Sabine Boos
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