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The UK has ratified – UPC ante portas? All Eyes on Germany’s Constitutional Court

Following a period of silence about the UPC, the UK has now ratified the UPC Agreement. The fate of the UPC is now in the hands of the German Constitutional Court as they decide whether the German Act on ratification of the UPC agreement is in line with the German Constitution. 

Ratification by Germany

Ratification proceedings in Germany have...

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House of Lords approves UPC – Germany is silenly waiting for its Constitutional Court

On December 12, 2017 the House of Lords has approved the UPC-Package. What is left to bring UK’s ratification process is to have the Package pass the Privy Council for Scotland and England - a mere formality. Subsequently, the British government can submit the ratification document in Luxembourg leaving Germany to be the one country everybody waits...

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Announcement provisional application phase

The committee has announced that it is “working under the assumption” that the provisional application phase will start at the end of spring 2017 that is the sunrise period during which opt-out is possible.That would be May 2017. The committee said that the court could open its gate in December 2017. While this is a promising announcement there is...

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Brexit

Contrary to our beliefs, the UK has voted for leaving the EU. This will delay the opening of the gates of the UPC. Article 89 of the UPC Agreement provides that the Agreement shall only enter into force in case the three Member States in which the highest numbers of European Patents had effect have ratified the Agreement. That includes the UK....

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Verfahrensordnung des UPC (18. "finaler" Entwurf)

Der finale Entwurf der Verfahrensordnung des Einheitlichen Patentgerichts wurde veröffentlicht.

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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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Preparatory Committee for the Unified Patent Court

Rules on Court fees and recoverable costs I. Draft Proposal for A – an amendment of Rule 370 of the Rules of Procedure B – a table of fees C – a scale of ceilings for recoverable costs

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Rules of Procedure of the UPC (17th draft)

Preliminary set of provisions for the Rules of Procedure (“Rules”) of the Unified Patent Court

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Unitary Patent EPO Rules (12-14-Draft)

Draft Rules 1 – 24 relating to unitary patent protection – consolidated version Implementation at the European Patent Office of Regulations (EU) No 1257/2012 and No 1260/2012.

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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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Unitary Patent Regulation 1257-2012

REGULATION (EU) No 1257/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection

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Unitary Patent Language Regulation

COUNCIL REGULATION (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements

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