Dr Peter Klein has obtained the European Patent Litigation Certificate

Dr Peter Klein has obtained the European Patent Litigation Certificate

We are delighted to announce that our partner Dr.Peter Klein 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 he is well prepared for representing clients in all proceedings before the Unified Patent Court.

UPファミリーが成長を開始！ルーマニアがUPCに加盟

2024年9月1日にルーマニアはUPCの18番目の加盟国となります。統一特許裁判所に関する協定（UPCA）の批准が2024年5月31日に署名されました

Comment on UPC Court Decision of May 6, 2024

Before the Paris Local Division, in a case where the defendant had forced an intervener into the proceedings pursuant to Rule 316A RoP (forced intervention), the intervener has obtained a period of one month for filing its Application to Intervene as well as for filing its Statement in Intervention. Contrary to Rule 316.2 RoP, which mentions a “further period” for filing the Statement in Intervention, the Court did not set any such further period.

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。

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.

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.

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.

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.

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.

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.