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言葉ではなく行動に語らせるため、当所の事例の一部をご紹介します。定期的に更新・追加されますので、随時、ご覧いただき、私たちの活躍をフォローしていただければ幸いです。

2023年2月20日

The Unified Patent Court will start on June 1, 2023

Years of planning finally become reality: The official starting signal has now been given! Germany ratified the Agreement on a Unified Patent Court (UPC) on February 17, 2023.

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2023年2月9日

Start of the Sunrise Period for Filing Opt-out Requests with the Unified Patent Court on March 1, 2023

According to the current schedule, the Unified Patent Court will start its work on June 1, 2023. The so-called sunrise period, during which opt-out requests can be filed with the Unified Patent Court for granted European patents or published European patent applications will start on March 1, 2023, according to the current planning of the Unified Patent Court.

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2024年3月19日

UPCから見たクレーム解釈、事実の開示と立証の責任 – UPC_CoA_335/2023

UPCの最初の判決が下された。クレーム解釈、事実の開示と立証の責任、さらに進歩性の検討など、多くの議論がなされている問題に関するUPCの立場を知ることは、エキサイティングなことである。

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2024年3月13日

Fee increase of the European Patent Office as of 1 April 2024

The European Patent Office will increase most of its fees by an average of around 5% as of 1 April 2024. The fee increase will be significantly higher for the 3rd and 4th renewal fees, which will rise by almost 30%.

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2024年1月30日

Comparison of opposition proceedings at the EPO and revocation actions at the UPC – advantages and disadvantages

Since the introduction of the Unified Patent Court (UPC) in June 2023, a new system for central attacking the validity of and thereby to nullify a European Patent has been introduced. If a European patent of concern is an EU Unitary Patent, or if a classically validated European patent was not opted out from the competence of the UPC, a central revocation action under the UPC now exists in parallel to an opposition before the European Patent Office (EPO). Therefore, the question arises: what are the pros and cons of challenging the validity either before the EPO or before the UPC? The present report provides some guidance and discusses the main advantages and disadvantages of each system – which eventually is a matter of strategic considerations whether and which advantage may prevail – be it costs, timing, speed of proceedings, and possibly other issues.

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2024年1月4日

52 years of consistency and still fit for the future – Prüfer und Partner welcomes the next generation of partners

With Dr. Susanne Sonnenhauser and Dr. Christian Gärtner, two very experienced colleagues from the Prüfer und Partner team are joining the management.

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2024年1月2日

Recent earthquake in Japan

We were deeply shocked to learn of the devastating earthquake in Japan and would like to express our sincere condolences to the victims of this earthquake. In these difficult times, we would like to express our deepest sympathy to you and your fellow human beings.

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2023年9月26日

Abolition of the 10-day notification fiction at the European Patent Office

In view of the digital age, in which documents will only be served electronically in the future, the European Patent Office will abolish its so-called 10-day fiction of service, which previously governed the calculation of time limits, as of November 1, 2023.

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2023年7月31日

Dr Dorothea Hofer has obtained the European Patent Litigation Certificate

We are delighted to announce that our managing partner Dr. Dorothea Hofer has obtained the European Patent Litigation Certificate issued by the University of Maastricht in cooperation with the Academy of European Law (ERA) in Trier. This includes an extensive practical and theoretical training in the law underlying the Unified Patent Court (#UPC) and related fields of European law so that she is well prepared for representing clients in all proceedings before the Unified Patent Court.

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2023年7月27日

Chances and Risks of the New European Unitary Patentand New Unified Patent Court – Part 3

Opposition proceedings before the European Patent Office (EPO) are an attractive forum for challenging patents; the procedure is virtually unrivaled worldwide in terms of value for money. The process is simple, streamlined and relatively inexpensive. The practice is well tested. However, there are restrictions and drawbacks – for example, a deadline of nine months after the grant date for submission, the long duration of the opposition and appeal proceedings, and strict rules for admitting evidence submitted late.

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2023年7月27日

Chances and Risks of the New European Unitary Patentand New Unified Patent Court – Part 2

During a seven-years transition phase, the jurisdiction of the future Unified Patent Court (UPC) can be declared inapplicable, by way of an opt-out request by the IP right holder, to a pending European patent application (“EP application”), to a granted European patent (“EP”), or to a supplementary protection certificate (“SPC”). This possibility was introduced to build confidence by users on the long run. If opted-out, disputes will then continue to be handled by national courts on a country-by-country basis. Once a European patent has been opted out, it is excluded from the jurisdiction of the UPC for its entire life.

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2023年7月27日

Chances and Risks of the New European Unitary Patentand New Unified Patent Court – Part 1

June 1, 2023 marks the beginning of a new era in European patent law: the new European Unitary Patent system entered into force, consisting of the Unitary Patent (UP) and the Unified Patent Court (UPC). 50 years after the introduction of the European Patent Convention and millions of European patents filed, this may be the most prominent change in European patent practice. The Unitary Patent adds as a third pillar to the classical European patents and the national patents. The Unified Patent Court will have an influence on both the unitary patent and the classical European patents as a modern and efficient litigation system.

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