Analysing the reforms: the Unified Patent Court (UPC) and the European Patent with Unitary Effect (UP)

2016 ◽  
pp. 79-121
Keyword(s):  
European Patent ◽  
Unified Patent Court

Unified Patent Protection in Europe: A Commentary

2018 ◽  
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Authoritative Text ◽  
Invaluable Tool ◽  
Unified Patent Court ◽  
The Creation ◽  
Developing Area ◽  
Law Professors ◽  
New System

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

4. Introduction to European Patent Law

2019 ◽  
pp. 99-119
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
European Law ◽  
European Patent Convention ◽  
Unified Patent Court ◽  
Unitary Patent

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.

Growth companies and procedural safeguards in European patent litigation

2018 ◽  
Vol 25 (2) ◽  
pp. 168-187 ◽  
Author(s):  
Krista Rantasaari
Keyword(s):  
Patent Protection ◽  
Patent System ◽  
European Patent ◽  
Court System ◽  
Patent Litigation ◽  
Start Up ◽  
Unified Patent Court ◽  
Procedural Safeguards ◽  
Enforcement Mechanisms ◽  
Unitary Patent

The unitary patent system with the establishment of the Unified Patent Court will lead to unitary patent protection covering most European Union countries. Moreover, it will lead to litigation with the same geographical reach. One potential concern related to increasing litigation is the so-called ‘patent trolls’ (non-practicing entities) that purchase patents for the purpose of portfolio building or company financing. One of the key expressed justifications of the unitary patent system was to support small- and medium-sized enterprises by securing them easier and wider access to patents. The aim of this article is to examine procedural safeguards from the perspective of the start-up and growth companies. These safeguards protect start-up and growth companies when acting as defendants. As a corollary, they weaken the enforcement mechanisms from the perspective of the plaintiff. The safeguards addressed in this article are fee shifting, preliminary injunctions, and bifurcation. As the Unified Patent Court system is still evolving, the current state of European patent litigation in key jurisdiction countries (Germany, the United Kingdom and the Netherlands) is analysed. This article explores how these safeguards evolve in the unitary patent regime and their potential to reduce uncertainty for start-up and growth companies when acting as defendants.

scholarly journals From Bielefeld to the Unified Patent Court – A Never-Ending Story?

2021 ◽  
Author(s):  
Rudolf Teschemacher ◽  
Tilman Müller-Stoy
Keyword(s):  
European Patent ◽  
Patent Litigation ◽  
Law Firm ◽  
Max Planck ◽  
Senior Consultant ◽  
Unified Patent Court ◽  
The Law

AbstractThe authors have known Jochen Pagenberg from different perspectives: Tilman Müller-Stoy for almost 20 years as a partner in the law firm bearing Jochen’s name; Rudolf Teschemacher since the start of Jochen’s and his own career when both got in touch with IP at the Max Planck Institute in the early 1970s and later on for more than 15 years as a senior consultant at Bardehle Pagenberg. Thus, they paint a colourful picture, in particular throwing a glance at a leitmotiv of his work: European patent litigation.

scholarly journals Problematyka wybranych zagadnień jednolitej ochrony patentowej

Radca Prawny ◽  
2021 ◽  
pp. 191-217
Author(s):  
Tomasz Orfin
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Negative Impact ◽  
European Patent ◽  
The European Union ◽  
Full Implementation ◽  
Legal Structure ◽  
Proposed Model ◽  
Unified Patent Court ◽  
Unitary Patent

Problems related to selected issues of unitary patent protection Unitary patent protection is one of the key challenges for the European Union. The current initiatives, which – despite being just a short step away from full implementation due to legal and formal issues, such as the complex legal structure or non-legal claims concerning their negative impact on the economy and competitiveness of enterprises – still raise doubts and uncertainties. The aim of this article is to illustrate the problem of unitary patent protection on selected issues concerning the European patent with unitary effect and the Unified Patent Court. The obstacles that prevent the implementation of the Unified Patent Court are presented. Critical voices assessing the proposed model of unitary patent protection are also presented and discussed.

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