Recent UPC News

UPC update: Confirmation of representation rights for European patent attorneys

The final version of the Rules on Representation before the UPC has now been published, and we are pleased to confirm that all our UK, French and German attorneys will be able to represent our clients before the new UPC when it is up and running.  The official rules regarding representation rights can be found here. […]

UPC newsflash: EPO announces two transitional measures to enable early uptake of Unitary Patent

The European Patent Office (EPO) has announced the introduction of transitional measures to encourage applicants towards an early uptake of the Unitary Patent effect. Details can be found here, but to make it slightly more accessible, we have put together a short summary for you. The interrelated measures in question will be made available once […]

The Unitary Patent approaches the finish line: What’s next for patent owners?

Good things come to those who wait. After years of seemingly little to no progress and challenging negotiations, and with the Unitary Patent (UP) being on the verge of introduction several times, the time has finally come. Despite many hurdles, unforeseen detours, and some political headwind, the way now seems clear for the UP. The […]

Federal Constitutional Court clears the way for the UPC

Following delays throughout 2020 (see previous article here), on Friday 9 July 2021, the Federal Constitutional Court ruled on two urgent applications against the ratification of the Unified Patent Court (UPC). In both cases (2 BvR 2216/20 and 2 BvR 2217/20), the petitions were rejected as inadmissible, as – in the court’s view – there […]

Unified Patent Court faces further delays

At the end of 2020 the German parliament passed (for the second time) the legislation necessary for Germany to ratify the Unified Patent Court Agreement (UPCA). This followed a ruling earlier in 2020 from the Federal Constitutional Court which nullified the first attempt to implement this legislation due to failure to meet a parliamentary majority […]

Latest developments on the unitary patent system

Background The efforts to create a unified patent system in Europe are now well advanced. The agreement on a unified European Patent Court has been coordinated at European level and is now available for ratification by the individual member states of the EU. In order for the agreement to enter into force successfully, it is […]

The UPC: a model for a new UK/EU court system?

Could a new patents court provide a model for a new UK/EU court system? Mathys & Squire Partner and Patent Attorney, Caroline Warren, explores whether the UPC changes the landscape for court structures in the UK and EU. On 6 July 2018 the Cabinet met at Chequers to discuss the UK’s vision for the impending […]

AfD challenges to the UPC Agreement

The acts that passed through the German Parliament to enable ratification of the Unified Patent Court (UPC) Agreement are now being challenged by the opposition party, Alternative für Deutschland (AfD). The AfD have called for the repeal of the acts that have put Germany in a position to ratify the Agreement. Uncertainty remains around whether […]

House of Commons approves draft UPC legislation

The UK Parliament has advised that the House of Commons approved the draft Unified Patent Court (Immunities and Privileges) Order 2017 yesterday. This draft Order must also be approved by the House of Lords then followed by the Privy Council, it will be debated by the House of Lords’ Grand Committee later this week. For more information on […]

Further delays likely for start date of the UPC

It has been 40 years in the making and it was widely considered that the Unified Patent Court Agreement (UPCA), which builds on the success of the established European Patent Organisation and aims to simplify and streamline patent enforcement across Europe, was on the verge of realisation. The Agreement has overcome many obstacles over the […]