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Unitary Patent & Unified Patent Court

  • UPC and unitary patent update: Constitutional decision before Christmas unlikely

    December 20, 2018

    Preparations for the UPC continue despite no German constitutional complaint ruling, an Italian ministry wants a central division in Milan instead of London, and the EU Article 50 ruling may have implications for UK participation

  • Unitary Patent and UPC update: Constitutional Court ruling rumours spread

    December 06, 2018

    Talk is building of a decision from the German Constitutional Court before year-end, the UK House of Lords heard evidence about Brexit’s effect, and the Italian Council of Ministers approved national legislation to adopt the Unitary Patent Regulation and the UPCA

  • Is a post-Brexit UK in the UPC “incompatible with EU principles”?

    November 27, 2018

    A new paper concludes the UK cannot stay in the Unified Patent Court after Brexit. Patrick Wingrove speaks to the author as well as in-house and private practice lawyers, to unpack the important points of the research

  • Max Planck paper is “new angle of attack” on UPC

    October 10, 2018

    A reply by an anonymous writer with extensive knowledge of UPC and EU law to the Max Planck Institute’s impact study of Brexit on the UPC has contended that parts of the study are based on the wrong assumptions and are attacking the project. The author tells Managing IP about the reply’s main arguments

  • Analysing the Max Planck UPC paper

    October 05, 2018

    A new paper has concluded that the UK cannot stay in the UPC after Brexit. Managing IP speaks to the author and in-house and private practice lawyers to unpack the important points of the research

  • Brexit no-deal IP guidance published

    September 25, 2018

    The UK government has published guidance on trade marks, copyright, patents, geographical indications, designs and exhaustion, confirming trade mark cloning and giving more information on SPCs and GIs. However, more information on exhaustion is still needed

  • UK in UPC after Brexit is “incompatible with EU principles” – Max Planck Institute

    September 13, 2018

    An association of German research institutes has concluded in a paper that extending unitary patent protection to the UK post-Brexit through an international convention would create a “fictitious unity” that is incompatible with EU law

  • How patent-heavy businesses are planning for the UPC and unitary patent

    August 24, 2018

    Counsel at pharmaceutical, telecommunications, car and plastics manufacturers, and medical charities tell Managing IP about their considerations for the unitary system

  • Unitary Patent and UPC update: news from Bulgaria and the UK

    August 01, 2018

    Managing IP rounds up developments related to the Unified Patent Court and Unitary Patent in July

  • UK to set up GI scheme and seek UPC membership after Brexit

    July 12, 2018

    The UK government’s new white paper outlines what it wants from intellectual property after it leaves the EU – but some IP professionals feel it doesn’t say enough

  • Analysis: The Hungarian court’s decision on the UPC Agreement

    July 06, 2018

    Eszter Szakács of Sár and Partners/Danubia examines the reasons behind the Hungarian Constitutional Court’s recent declaration that the Unified Patent Court Agreement is incompatible with the country’s constitution

  • Unitary Patent and UPC Update: UPCA ruled unconstitutional in Hungary

    June 29, 2018

    Managing IP rounds up developments related to the Unified Patent Court and Unitary Patent in June

  • Unitary Patent and UPC Update: news from Spain, France, Bulgaria and Hungary

    June 04, 2018

    Managing IP rounds up developments related to the Unified Patent Court and Unitary Patent in May

  • UK ratifies Unified Patent Court agreement – now what?

    April 27, 2018

    The UK government ratifying the agreement to establish a Unified Patent Court for Europe shows it is serious about the court. The big uncertainty now is a German constitutional complaint against the UPC

  • German Constitutional Court plans to decide UPC complaint in 2018

    February 21, 2018

    The German constitutional complaint challenging the UPC Agreement is on a list of cases to be decided this year. But it is not certain a decision will come in 2018 and, even if it does, the timing will be vital in determining whether the UPC is in effect before Brexit

  • Unitary Patent and UPC Update: UK ratification nears, while German organisations weigh in

    February 13, 2018

    The UK’s Privy Council has approved the Unified Patent Court (Immunities and Privileges) Order 2017, the last piece of legislation required for the UK to ratify. In Germany, seven institutions and associations submitted statements on the constitutional complaint against the UPC

  • UPC update: German Bar Association says constitutional complaint inadmissible

    January 17, 2018

    DAV tells the Federal Constitutional Court the constitutional complaint against German participation in the UPC is inadmissible. Other recent news includes the UK House of Lords approving an immunities and privileges order and France ratifying a similar order

  • Top five Brexit priorities – critiquing the UK IP profession’s view

    January 10, 2018

    The UK IP profession has set out five key areas where action is needed to ensure continuity and certainty as the UK government prepares to leave the EU. Managing IP provides commentary on them

  • Highlights from the MIP European Patent Forum USA

    January 03, 2018

    Topics discussed at our recent European Patent Forum USA included the potential timeline for Germany ratifying the UPC, FRAND after Unwired Planet v Huawei, the patentability of computer-implemented inventions at the EPO, patent enforcement strategies in Europe and hot tubbing of experts in the UK

  • Brexit: the top five legislative challenges

    August 24, 2017

    Brexit affects IP in many ways. James Nurton and Kingsley Egbuonu identify five areas where urgent action is needed to provide clarity and ensure a smooth transition

  • UK and the UPC system: the state of play

    August 21, 2017

    The UK has made remarkable progress towards ratifying the UPC Agreement but there will be difficult negotiations to remain in the UPC and unitary patent system post-Brexit. In the first of a two-part article, Kingsley Egbuonu spoke to Alan Johnson of Bristows about UK’s preparations, post-Brexit participation and the impact of being outside the system

  • Unitary Patent and UPC: A progress report (July 2017)

    July 28, 2017

    UK consents to UPC Agreement (UPCA) Protocol and will resume legislative procedure for UPCA ratification in the autumn, UPC IT team seeks user input, and Germany’s legislative steps for ratification criticised

  • Brexit and EU registered rights - a fantasy

    July 25, 2017

    The UK voted to leave the EU, so how could it remain part of the EU trade mark and design systems?

  • Unitary Patent and UPC: A progress report (June 2017)

    June 30, 2017

    Legal challenge delays Germany’s UPC Agreement ratification progress; UK government resumes ratification procedure; new start date for the UPC; IP Federation seeks clarity over the case management system; and the latest UPC-related articles on include how indirect infringement will be interpreted

  • Germany's UPC Agreement ratification progress put on hold

    June 13, 2017

    The Office of the Federal President has agreed to hold off signing the approved laws necessary for the ratification of the UPC Agreement until a court case has been decided

  • Unitary Patent and UPC: A progress report (May 2017)

    May 30, 2017

    UK government intends to honour ratification promise if re-elected in June; Business associations call on the UK and other EU member states to launch the system as soon as possible; UPC IT system improved; and latest UPC news on include procedural issues and choice of representative

  • Procedural, not legal, issues will be key to UPC success

    May 18, 2017

    The lessons from two recent mock trials are a reminder that there will be many procedural questions and divergences when the UPC launches - and these could be critical to the outcome of cases

  • Questions remain over UPC case management system

    May 18, 2017

    Patent practitioners will soon be using the UPC case management system. Despite two years of investment in building it, there are lots of questions about how it will work

  • Representation in the UPC

    May 08, 2017

    Once the Unified Patent Court is up and running, patent owners and defendants will have some interesting choices to make about representation

  • Insomnia, Brexit and the UPC: a fictional scenario

    May 05, 2017

    In our latest article looking at a UPC scenario, Nicola Dagg, Marc Döring, Alex Woolgar, David Por, Philipp Cepl and Laura Thompson consider a case that raises questions about jurisdiction, discovery and Brexit

  • Read the Europe IP Focus 2017 for free

    May 02, 2017

    Managing IP's latest supplement includes articles on the UPC, Brexit, SPCs, website blocking, EPO amendments, the new Spanish Patent Law and the Digital Single Market

  • Unitary Patent and UPC: A progress report (April 2017)

    April 28, 2017

    Purdah delays UK ratification plans; Germany makes progress with ratification; Belgium consents to UPCA Protocol; and draft UPC Rules of Procedure published

  • United Kingdom: Implications of Brexit for IP rights

    April 28, 2017

  • Unitary Patent and UPC: A progress report (March 2017)

    March 31, 2017

    UK on course to ratify the UPC Agreement despite triggering Article 50, Germany’s ratification process progressing smoothly, UPC Preparatory Committee concludes work, UK Parliament starts discussions on the Great Repeal Bill, European Parliament and Council propose guidelines to Brexit negotiations which would have an impact on IP

  • UK on course to ratify UPC Agreement

    March 30, 2017

    A UK IPO statement has confirmed that preparations "remain fully on track" and given more detail on when the last few legislative steps should be expected. This comes a day after Prime Minister Theresa May triggered Article 50 to commence Brexit

  • Unitary Patent and UPC: A progress report (January/February 2017)

    February 28, 2017

    EU Council ministers discuss Unitary Patent and UPC, Italy ratifies the UPC Agreement (UPCA), UK government publishes Brexit strategy document and answers questions on its UPCA ratification commitment

  • Can the UPC really be ready to launch in December?

    January 20, 2017

    The UPC Preparatory Committee believes that Europe's new patent court can become operational this year, despite the challenges of recruiting judges, securing the remaining ratifications and Brexit

  • Key takeaways from the EU Patent Forum USA 2016

    December 06, 2016

    Speakers at Managing IP’s recent EU Patent Forums in Palo Alto and New York City discussed past, present and future developments for patent owners in Europe, including the UPC and Unitary Patent, FRAND cases, arbitration and the impact of Brexit

  • Unitary Patent and UPC: A progress report (November 2016)

    December 05, 2016

    The German Federal Ministry of Justice updates Managing IP on Germany’s ratification timeline; IP Federation, BioIndustry Association, EPLAW and the UPC Preparatory Committee respond to UK government’s intention to ratify the UPC Agreement (UPCA); and some of the developments we expect in the coming months

  • UK to ratify UPC Agreement despite Brexit - reaction (UPDATED)

    November 28, 2016

    The UK government has ended months of speculation by saying that it will push ahead with ratification of the UPC Agreement. This makes it more likely the new system will come into force soon, but leaves open questions about what happens post-Brexit

  • UPC scenario 5: Enforcing a patent inside and outside the UPC

    July 04, 2016

    In the latest in our series of UPC scenarios, Laura Whiting and Inmaculada Lorenzo explore the options for a pharmaceutical patent owner faced with a potential infringer manufacturing its product in Spain

  • UPC preparations will go ahead

    July 01, 2016

    The UPC Preparatory Committee and EPO Select Committee have issued a joint statement saying they will continue with their planned work despite the Brexit vote

  • Unitary Patent and UPC: A progress report (June 2016)

    June 30, 2016

    Brexit casts doubt on start of the UPC and Unitary Patent system; useful resources on impact of Brexit on IP; Bulgaria ratifies UPC Agreement; Dutch parliament approves the UPCA; our latest UPC scenario on enforcing a European patent in and outside the UPC

  • UK IP Minister talks about UPC post-Brexit result

    June 30, 2016

    Baroness Neville-Rolfe has said that the UK’s position on the UPC and Unitary Patent system will not be known anytime soon. The Minister has also invited UK stakeholders to be involved in the discussions which will lead to a decision

  • Brexit and IP: a primer

    June 24, 2016

    Managing IP answers your questions about the impact of Brexit on IP

  • Unitary Patent and UPC: A progress report (May 2016)

    May 31, 2016

    Part-time and full-time UPC judges wanted; new features of the UPC case management system and EPO’s software for Unitary Patent released; more member states preparing for ratification; Preparatory Committee discuss remaining aspects of the UPC; our latest UPC scenario on challenging a non-opted out European patent relating to a pharmaceutical product during the transitional period

  • Unitary Patent and UPC: A progress report (April 2016)

    April 29, 2016

    Recruitment process for UPC judges imminent; Code of Conduct for UPC representatives reviewed; PMAC arbitration rules agreed; EPO Select Committee discuss remaining aspects of the Unitary Patent system; our latest UPC scenario on challenging a non-opted out European patent relating to a pharmaceutical product during the transitional period; and informative webinar on Unitary Patent and UPC

  • UPC scenario 4: Challenging a non-opted out European patent

    April 27, 2016

    How might a clearing-the-way case proceed once the UPC is in force? In the latest article in our series, David Rose, Nina O’Sullivan and Axel Walz consider the options for a patent challenger who wishes to launch a competing product

  • Unitary Patent and UPC: a progress report (March 2016)

    March 30, 2016

    Impact of Brexit on UPC raised in UK parliament; UK not yet ready to ratify UPC Agreement; main work on UPC IT system completed; our latest UPC scenario is on standard-essential patent (SEP) and FRAND issues

  • UPC scenario 3: A standards case from the defendant’s perspective

    March 29, 2016

    Our latest UPC scenario looks at a case involving a standard-essential patent. Michael Carter, Nick Cunningham and David Barron consider a defendant’s options in the new court system

  • Interview: IP Federation President Carol Arnold of Shell

    March 24, 2016

    UK and European patent attorney Carol Arnold sat down with Managing Intellectual Property at the International Women’s Leadership Forum in London to discuss the Unitary Patent and UPC, dealing with anti-counterfeiting and her role as president of the IP Federation.

  • International Patent Forum 2016: live updates

    March 09, 2016

    Refresh this page for the latest updates from the International Patent Forum 2016 at The Pullman St Pancras in London on March 9 and 10 (all times GMT)

  • Guest post: Future double patent protection in Germany

    March 04, 2016

    A legislative draft dated February 5 2016 suggests lifting the traditional German prohibition on double protection (enabling the patent owner to decide which one to enforce), and allowing a defendant who is sued for infringement in the UPC to object to a parallel infringement suit in Germany. Ulrich Blumenröder explains

  • “EU referendum will have no effect on ratification,” says the UK IPO

    March 01, 2016

    A UK IPO spokesperson has told Managing IP that the UK government is pressing ahead with ratifying the UPC Agreement as planned. This news comes after recent speculations that the UK may delay its ratification or even not ratify due to the EU referendum on June 23

  • Unitary Patent and UPC: a progress report (February 2016)

    February 29, 2016

    Preparatory Committee reaches agreement on costs in the UPC; Germany proposes double patenting in its UPC bill; the Netherlands preparing for ratification; latest on UK ratification; Mediation rules of PMAC published and official confirmation of UPC locations

  • UPC scenario 2: a blockbuster drug patent with an SPC

    February 25, 2016

    In our second discussion of a hypothetical UPC scenario, Duncan Ribbons and Rebecca Lawrence address some of the complications that arise with SPCs, licences, opt outs and injunctions

  • Carpmaels and Fieldfisher expand ahead of UPC launch

    February 08, 2016

    The lateral hires of high-profile patent litigators provide further evidence that the launch of the Unified Patent Court (UPC) will shake up the IP profession in Europe

  • Unitary Patent and UPC: a progress report (January 2016)

    January 28, 2016

    In our latest Unitary Patent and UPC roundup: Finland ratifies the UPC Agreement and its Protocol, UK gears up for ratification with a little legal complexity, UPC judicial posts open to all, and improvements to UPC IT system

  • UPC scenario 1: an electronics implementation patent

    January 26, 2016

    In the first of a series of articles looking at hypothetical scenarios involving the UPC, Wouter Pors considers a case involving an implementation patent in the electronics industry

  • Some practical questions about the UPC

    January 13, 2016

    As the clock ticks down to the launch of the Unified Patent Court, interest is increasing in how the yet-to-be-appointed judges will handle cases, who they will be and what impact the UPC will have in Europe

  • Unitary Patent and UPC: a progress report (December 2015)

    December 21, 2015

    Preparation for the Unitary Patent Protection system completed; Rules of the UPC Patent Mediation and Arbitration Centre (PMAC) agreed; and UPC fees and recoverable costs revised – Kingsley Egbuonu provides a final update

  • Unitary Patent and UPC: a progress report (November 2015)

    November 30, 2015

    Member states agree on formula for distributing income from unitary patent renewal fees; UK IPO needs your feedback on the UPC IT system; five more countries needed for the Protocol on UPC Agreement; and UPC Preparatory Committee adopt final version of the UPC Rules of Procedure

  • UPC Rules of Procedure released

    October 30, 2015

    The Preparatory Committee has published the final version of the Rules of Procedure for the Unified Patent Court, including changes to the rules on opt outs and language

  • Unitary Patent and UPC: the state of play

    October 29, 2015

    The first Unitary Patents may be granted one year from now. Following our series of articles on the Unitary Patent and UPC, James Nurton and Kingsley Egbuonu take stock of where we are now and what remains to be done before Europe’s new patent system can come into effect

  • Unitary Patent and UPC: Progress Report (October)

    October 19, 2015

    Protocol to the UPC Agreement signed by some member states; the facilities of the Court of Appeal of the UPC will be ready in early 2016; and the Select Committee has given its opinion on the remaining financial aspects of the implementation of the Unitary Patent

  • UPC concerns raised at AIPPI Congress

    October 12, 2015

    Transitional measures, fees, patent term extension, the availability of injunctions and the appointment of judges were all identified as key issues of concern at yesterday’s open meeting of AIPPI’s Standing Committee on the Unitary Patent and Unified Patent Court

  • The view from inside the UPC courtroom

    September 30, 2015

    Over the past year lawyers at London firm Bristows have staged a comprehensive mock Unified Patent Court case. Alan Johnson explains the lessons learned while James Nurton interviews some of the participants

  • Can you afford to litigate in the Unified Patent Court?

    August 25, 2015

    Anja Lunze and Jan Phillip Rektorschek examine strategies for litigating at the Unified Patent Court in the light of the Preparatory Committee’s recently published draft proposal for the rules on court fees and recoverable costs

  • Dallas Buyers Club, poisonous priority & UPC locations – news roundup

    August 14, 2015

    Recent IP developments in Europe and Asia include a defeat for Dallas Buyers Club in Australia, a new referral to the EBA in Europe and a decision on the location of the London branch of the UPC. Plus: a webinar on IP Stars and a speech by Jeremy Phillips

  • Applicants likely to use Unitary Patent, but uncertain about UPC

    August 07, 2015

    The latest survey of in-house patent counsel conducted by Managing IP reveals that companies are keen to use the proposed Unitary Patent system. However, the majority of respondents want more information, and cite court fees, judges and procedural uncertainty as the biggest concerns

  • Unitary Patent and UPC: progress report part II

    July 20, 2015

    The EU’s Unitary Patent and UPC system is getting closer to becoming a reality. Contracts have been awarded for work to commence on the UPC IT system, and the Preparatory Committee met on July 10 to discuss matters including the final version of the UPC Rules of Procedure.

  • Unified Patent Court: where will it be?

    July 20, 2015

    Luxembourg, France, Germany and the UK will host important sections of the UPC. Managing IP finds out about the buildings likely to be used, and what practitioners make of the plans

  • UPC concerns for telecoms and IT companies

    July 15, 2015

    Unique features of the telecommunication and IT industries will create specific issues when it comes to determining strategies in the Unified Patent Court, as Tim Powell, Geraldine Quinn and Stuart Knight explain

  • Graphic: What will a Unitary Patent cost?

    July 03, 2015

    The EPO Select Committee recently adopted a decision that will mean that the cost of renewing a Unitary Patent in the 25 participating states will be 70% lower than the comparable costs today. But the actual savings depend on the number of ratifications, the additional countries required and how long the patent is maintained for

  • Unitary Patent renewal fees agreed

    June 25, 2015

    Unitary Patent renewal fees will be based on those of the top four participating member states, an EPO Select Committee has decided

  • In-house patent counsel: we want your views on the UPC!

    June 18, 2015

    The past few months have seen important developments regarding the fees, procedures and rules for the new Unitary Patent and UPC system in Europe. In the light of these, we are inviting in-house counsel to complete a short survey and to win an iPad mini 3

  • Guidance on UPC opt-out published

    June 17, 2015

    A recent update published by the UPC preparatory committee provides guidance on Article 83 of the UPC Agreement and choice of forum during the transitional period

  • Eight takeaways after EPO and MEPs discuss Unitary Patent

    June 12, 2015

    How much will the Unitary Patent translation system cost? And how many UPC judges are there expected to be? Answers to these and other questions are presented in a report on a meeting between the EPO and the European Parliament’s Legal Affairs Committee

  • Making sense of the UPC fee proposals

    June 08, 2015

    The consultation on the court fees, SME support and recoverable costs for the Unified Patent Court runs until July 31 and provides an opportunity for anyone to help shape this important aspect of the proposed new patent system in Europe. A series of events in the UK over the next month will provide more information

  • Unitary Patent and UPC: a progress report

    June 03, 2015

    The next six months will be key to the success of the Unitary Patent and UPC project. Managing IP provides an update on the latest developments

  • Italy to join Unitary Patent – minister

    May 28, 2015

    Italian State Secretary for European Affairs Sandro Gozi confirmed that Italy will join the Unitary Patent during a public session of the EU Competitiveness Council in Brussels

  • What should influence your decision to opt-out of the UPC?

    May 26, 2015

    David Wilson, Rachel Montagnon and Christopher Sharp discuss European, Unitary and national patent registration strategies in the context of the option to opt-out of the Unified Patent Court

  • Guest blog: Will UPC lead to a rise in arbitration?

    May 22, 2015

    In the second part of his post on the UPC, Tom Carver asks whether arbitration will be an attractive option once the new court system comes into effect

  • Beyond Spain’s Unitary Patent challenge

    May 13, 2015

    The last major obstacle to the creation of a Unitary Patent in the EU has now been removed by the CJEU, and Europe’s new patent system is now expected to become operational before 2017. In the second of a two-part article, we look at the remaining concerns

  • Patent practitioners react to Unitary Patent ruling

    May 13, 2015

    For the first part of a two-part article, Managing IP spoke to practitioners across Europe about the impact of last week’s judgment on Spain's challenge to the Unitary Patent Regulations, and what is likely to happen next

  • Guest blog: How high will UPC fees be?

    May 11, 2015

    In the first of a two-part blog, Tom Carver considers how much IP owners and users might be charged for using the Unified Patent Court

  • UPC Preparatory Committee to consult on court fees

    May 08, 2015

    The UPC Preparatory Committee discussed court fees, provisional application of the UPC Agreement, the European Patent Litigation Certificate and UPC judges at its meeting this week

  • Unitary Patent: Stop talking, start planning

    May 05, 2015

    Today is a turning-point for patents in Europe. The Court of Justice of the EU has ruled on Spain’s challenge to the Unitary Patent Regulations, and we need to start looking forward to how the new system will work in practice

  • Full steam ahead for Unitary Patent and UPC

    May 05, 2015

    The Court of Justice of the EU has emphatically dismissed two challenges to the Regulations establishing the Unitary Patent filed by the Spanish government

  • What to consider before obtaining and enforcing a Unitary Patent

    April 21, 2015

    Are you prepared for Europe’s patent revolution? Anthony C Tridico, Martin D Hyden and Leythem A Wall highlight the issues to think about now

  • EU Commissioner warns on UP fees “in no uncertain terms”

    March 20, 2015

    Senior European Commission officials have weighed into the debate on fees for the new Unitary Patent system, saying that the concerns about the EU's competitiveness should be placed ahead of revenue considerations

  • In-house counsel back Unitary Patent, but want more details on costs

    March 19, 2015

    Companies are likely to use the Unitary Patent system and believe it will be good for innovation in Europe, according to a survey of in-house patent counsel conducted by Managing IP. But they overwhelmingly want more information on how it will work, with details of costs their biggest priority

  • Interview: Baroness Neville-Rolfe, UK IP minister

    March 19, 2015

    In an interview with Managing IP, Baroness Neville-Rolfe discussed her planned visit to the EPO, ratification of the UPC Agreement and the launch of an IP Finance Toolkit

  • BusinessEurope “seriously concerned” about Unitary Patent fee proposals

    March 13, 2015

    BusinessEurope, the organisation that represents European industry, has sent a letter expressing concern that the recently proposed renewal fees for the Unitary Patent are much higher in the early years than anticipated

  • The impact of the UPC on life science companies

    March 23, 2015

    Life science companies face unique patent issues, for example concerning relief, exemptions and supplementary protection. Bert Oosting, Andreas von Falck, Stanislas Roux-Vaillard, Stephen Bennett and Daniel Brook examine how these questions will be addressed in the proposed UPC

  • EPO floats two options for Unitary Patent fees

    March 09, 2015

    The European Patent Office has circulated two proposals regarding the setting of renewal fees for the Unitary Patent. The proposals will be discussed by the Select Committee, representing participating member states, later this month

  • How to train the UPC judges

    February 25, 2015

    Nineteen would-be judges of the Unified Patent Court started a programme of training in Budapest this week

  • Unitary Patent and UPC – the story so far

    February 23, 2015

    In-house counsel say they want more information on the Unitary Patent and UPC. Here’s some of our recent coverage – and a glimpse at what we have planned

  • In-house counsel: take our Unitary Patent survey

    February 16, 2015

    Share your views on the Unitary Patent and Unified Patent Court by answering a few simple questions, and you have the chance to win an iPad mini 3

  • AIPLA warns over Unitary Patent fees

    February 12, 2015

    The AIPLA has written to the EPO recommending it set the cost of renewing a Unitary Patent at an amount similar to the cost of renewing a European Patent validated in the UK, Germany and France

  • Concerns over Europeanisation of IP law

    February 03, 2015

    With the Unitary Patent on the horizon, more voices are expressing reservations about the role of both judges and EPO. Should we be worried?

  • Bifurcation and the UPC – comments welcome!

    January 30, 2015

    The possibility for judges to separate infringement and validity is one of the most controversial aspects of the proposed Unified Patent Court. What are your views?

  • Rules that reflect different traditions

    February 23, 2015

    Many practitioners outside Germany have concerns about bifurcation. Adam Cooke considers how it will work in practice in the UPC

  • What you need to know about evidence on both sides of the Atlantic

    January 29, 2015

    How can you win opposition proceedings without discovery? What lessons do proceedings at the PTAB offer for businesses in Europe? What are the upsides – and downsides – of discovery? These were among the questions addressed by a panel of speakers at Managing IP’s European Patent Reform Forum in San Jose

  • The Unitary Patent for non-litigators

    January 26, 2015

    Michael Carter, Nick Smee, Luke Kempton and Nick Cunningham analyse the implications of the Unitary Patent proposals for non-contentious matters, and recommend steps that patent owners and licensees should take now

  • Unitary Patent fees should be at low end of scale – CIPA President

    January 09, 2015

    The president of the Chartered Institute of Patent Attorneys has told Managing IP she would like to see “an announcement about sensible fees” for the Unitary Patent as soon as possible

  • Q&A: Catriona Hammer, CIPA president and senior IP counsel, GE Healthcare

    January 09, 2015

    James Nurton sat down with Catriona Hammer, this year’s president of the Chartered Institute of Patent Attorneys, to hear about her goals for the association, the likely impact of the Unitary Patent and other areas of concern for patent attorneys

  • Now is the time to prepare for the Unitary Patent and UPC

    January 08, 2015

    If patent owners make one New Year resolution for 2015, it should be this: try to understand how Europe’s Unitary Patent and Unified Patent Court will affect you, your portfolio and future applications

  • What US companies need to know about European patent reform

    January 07, 2015

    Managing IP hosted forums on the Unitary Patent and UPC in San Jose and New York last month. Here are some of the takeaways for IP owners in the United States

  • Progress on UPC Rules highlights inertia on fees

    November 26, 2014

    As patent practitioners gather in Trier, Germany to debate the UPC Rules of Procedure, they are likely to be pleased with the progress made. Unfortunately, the same cannot be said regarding the fees for the new system

  • Don’t be afraid of bifurcation

    February 23, 2015

    Many patent specialists fear the prospect of bifurcation of cases in the Unified Patent Court. But Gottfried Schüll and Arwed Burrichter argue that the German-style system should be embraced

  • Injunctions and discretion raised at UPC Rules hearing

    November 27, 2014

    The Rules of Procedure for the Unified Patent Court are likely to be modified further following a public hearing attended by many industry and professional groups, as well as judges and academics

  • Unitary Patent and UPC clear another hurdle

    November 18, 2014

    Advocate General Yves Bot has argued strongly that Spain’s two challenges to the European Unitary Patent and Unified Patent Court should be dismissed

  • Where will the UPC be based?

    November 14, 2014

    Following recent announcements, we have updated our map showing the locations of the UPC courts and divisions

  • Revised UPC Rules provide bifurcation safeguards

    November 05, 2014

    The possibility of bifurcation in the proposed Unified Patent Court has been effectively killed off in the revised version of the Court’s Rules of Procedure

  • Unitary Patent and UPC resources – a guide

    October 30, 2014

    With the Unitary Patent and Unified Patent Court likely to launch as soon as 2016, there are many online resources providing the official documents, as well as analysis and advice. Managing IP provides a list

  • Your guide to Unitary Patent and UPC

    October 23, 2014

    Europe is about to embark on the most fundamental change to its patent system in 40 years. The AIPLA Daily Report presents a primer on what’s coming

  • Why Europe is not trolls' natural habitat

    October 24, 2014

    Benoît Battistelli, President of the European Patent Office (EPO), updated AIPLA attendees on developments in Europe in the luncheon speech yesterday. He especially highlighted the cooperation between the EPO and the United States

  • Creative filing strategies for the Unitary Patent

    October 31, 2014

    As part of our series of articles on the Unitary Patent and UPC, Adrian Tombling and Andrea Fleuchaus weigh up the factors to be considered when filing applications under the new system, and look at some hypothetical case studies

  • Test the UPC case management system

    October 21, 2014

    A prototype website for the Unified Patent Court e-filing and case management system is available for testing

  • Who will be the UPC winners and losers?

    October 08, 2014

    The launch of the Unitary Patent and Unified Patent Court could revolutionise corporate IP strategies in Europe. But it could also have a big impact on professional IP advisers

  • UPC questions centre on judges and costs – video interviews

    October 01, 2014

    Lawyers, economists and in-house counsel identified the quality and training of judges, consistent application of the rules and the costs of using the new system as the key questions regarding the Unitary Patent and Unified Patent Court that need to be addressed, in a series of video interviews conducted by Managing IP at the recent European Patent Reform Forum in Munich

  • What we want from the Unitary Patent and UPC

    September 26, 2014

    The EU Unitary Patent and Unified Patent Court are set to launch within the next 18 months. In the first article of a year-long series, Emma Barraclough and James Nurton gauge the expectations and concerns of in-house counsel

  • UPC video interviews: the view from in-house

    September 26, 2014

  • Interview: Richard Vary, Nokia

    September 26, 2014

  • Carpmaels & Ransford takes UPC initiative

    September 09, 2014

    The UK patent and trade mark attorney firm Carpmaels & Ransford is adding a team of litigators in preparation for the launch of the Unified Patent Court

  • How the Unified Patent Court will affect filing strategy

    September 01, 2014

    Jakob Pade Frederiksen of Inspicos describes the changes that will be brought by the Unified Patent Court, and how they should inform patent filing and practice

  • Battistelli responds on Unitary Patent costs

    September 26, 2014

  • European Patent Reform Forum 2014: the highlights

    September 12, 2014

    Managing IP hosted two forums on the Unitary Patent and UPC this week, in Paris and Munich. Here are some of the key takeaways

  • Is the B word now less of a curse?

    September 17, 2014

    Last September one of the speakers at our first European Patent Reform Forum described the fear of bifurcation at the UPC the "British angst". One year on and it seems that there is rather less angst around

  • What US IP owners need to know about the UPC

    June 13, 2014

    It is not surprising that IP owners prefer to sue in their home jurisdiction. But multi-jurisdictional litigation battles in the telecoms sector have reminded lawyers of the importance of fighting on all fronts, said speakers on a panel on the unitary patent and UPC last week

  • Patent owners' support for UPC grows

    June 02, 2014

    With less than two years before the first patents are due to be filed under the new unitary patent system in Europe, what do IP owners plan to do with their IP filings, and where are they going to litigate them?

  • Ten things we know, and don’t know, about the UPC

    March 27, 2014

    Missed any of the news on the UPC? James Nurton and Emma Barraclough round up the latest developments, as the plans enter a crucial stage

  • Europe: Unitary patent and UPC progress

    March 28, 2014

  • Patent practitioners call for UPC cost clarity

    March 18, 2014

    What will the fees for the planned EU Unified Patent Court be? That is one of the key unanswered questions about the new system, according to panellists at Managing IP’s International Patent Forum

  • Europe: Opting out under the UPC: which law applies?

    February 27, 2014

  • Tech companies emphasise UPC concerns

    February 26, 2014

    The Unified Patent Court's rules of procedure need to incorporate guidance to judges on bifurcation and injunctions, according to a group of prominent manufacturers

  • Unified Patent Court – latest developments explained

    March 05, 2014

    Discussions about details of the new EU Unified Patent Court are intensifying – as last week’s letter from a coalition of companies and trade associations including Apple, Google, Microsoft and Samsung showed – with further developments expected this month

  • Europe’s new sport: fighting to host UPC divisions

    October 21, 2013

    New figures relating to patent litigation in Europe could reopen the debate about the way the Unified Patent Court system works in practice

  • European patent reform: what we know now

    March 14, 2014

    Some of Europe’s top IP officials are gathered in Budapest for a conference to mark the opening of a new centre to train judges for the Unified Patent Court. Here’s what we found out from day one

  • Guest blog: Why the UK warrants more local divisions in the UPC

    October 18, 2013

    Getting accurate numbers about levels of patent litigation across Europe is vital if the UK is to play a full role in the UPC system, say Tim Powell and Penny Gilbert

  • The B word provokes UPC angst in Munich

    September 27, 2013

    There was plenty of angst in Munich last week at Managing IP’s European Patent Reform Forum. You may not be surprised to hear that it centred on the issue of bifurcation and the Unified Patent Court

  • Deadline looms for UPC judge applications

    November 08, 2013

    Fancy being a judge at Europe’s new Unified Patents Court? You have just one week left to apply. But competition may be fierce

  • From EPC to UPC in 40 years

    August 06, 2013

    In 1973, a group of European countries signed the European Patent Convention. Forty years on, patent practice in Europe is about to be transformed again. Here’s how to keep up to date

  • Bifurcation and opt out concerns feature in UPC submissions

    October 02, 2013

    IP owners and their advisers say that the rules of procedure for Europe’s Unified Patent Court should set out more clearly how patentees opt out of the UPC system and remove the danger of an injunction gap when cases are stayed

  • Tech companies urge EU to amend UPC rules

    September 26, 2013

    A group of technology companies – including Apple, Google, Microsoft and Samsung – has written an open letter to EU policy makers expressing concerns about the UPC rules of procedure, particularly regarding bifurcation and injunctions

  • The Unitary Patent and UPC: where are we now?

    February 18, 2013

    This week EU ministers meet in Brussels where they are due to sign the Agreement on the Unified Patent Court. But what happens next?

  • An insider’s view of the UPC

    March 25, 2013

    Kevin Mooney, chairman of the drafting committee responsible for the UPC’s Rules of Procedure, argues that concerns over bifurcation and judges’ experience are exaggerated

  • How to make the unitary patent and UPC succeed

    February 19, 2013

    Happy UPC day! It’s the day many predicted (and some hoped) would never arrive, as EU ministers sign the agreement that will – eventually – establish a single patent litigation system for Europe.

  • Should you opt out of the Unified Patents Court?

    March 25, 2013

    With the UPC Agreement signed, patent owners need to decide how they will approach the new court. Rowan Freeland explains the procedures and sets out a strategy for potential litigants

  • How the unitary patent system will work

    December 12, 2012

    A vote by MEPs yesterday in favour of the unitary patent means that IP owners planning their patent filing strategies could soon have a new way of protecting their rights in Europe

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