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Opt-Out – Legal problems

Little has been discussed more in the drafting process than the possibility to exclude a pa-tent or patent application from the entire package. The opt-out provisions to be ob-served are Articles 83 (3) and (4) UPCA and Rules 5.1 to 5.13 RoP. While on its face eve-rything seems to be easy (“You file an opt-out with the UPC and you are out”), many...

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The First Decision on the Unitary Patent: the Court Dismissed the Actions of Spain and Italy

In this recent decision, the Court ruled upon the Council’s decision to authorise the enhanced cooperation in the area of the Unitary Patent. The dismissal of two actions (with similar pleas) filed by Italy and Spain could have been a precedent on when and how EU Member States can make use of the tool of enhanced cooperation in general. However,...

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