UPC News

Recent UPC News

Germany gives go ahead for Unified Patent Court – signalling long-awaited start of new EU patents system

Germany has finalised its approval of the Unified Patent Court (UPC), opening the UPC’s case management system and kicking off the court’s sunrise period from 1 March. The start date for the UPC is now 1 June 2023. Germany’s move brings closer the biggest development in European IP law since the creation of the European […]

New Unified Patent Court may tilt playing field in favour of ‘patent trolls’

Commentary provided by Mathys & Squire has featured in an article by The Patent Lawyer, providing an update on the UPC and ‘patent trolls’. An extended version of the press release is available below. ‘Patent trolls’, or ‘Non-practicing entities’ as they are generally now known, are companies that use patent rights to earn income from […]

Supplementary protection certificates: ambiguity over the Unified Patent Court’s jurisdiction and opt-outs

The Unified Patent Court (UPC) – which is expected to launch in April 2023 – will have jurisdiction not only for patent litigation, but also for litigation involving supplementary protection certificates (SPCs) issued for medicinal products and plant protection products. The types of patents for which the UPC will have jurisdiction are well-defined, but analysis […]

Unitary patent and national prior rights – wider geographical limitation of protection

The unitary effect and the Unified Patent Court (UPC) system comes with a wider aspect as to validity against national prior rights (national applications with an earlier priority date but a publication after the priority date of the European patent (EP)). Such national prior rights are not relevant as to the grant of an EP […]

Unified Patent Court confirms panel of 85 judges is now in place

Data and commentary provided by Mathys & Squire, as published in Legal Week, provides an update on the appointment of Unified Patent Court judges. An extended version of the press release is available below. The Unified Patent Court – Europe’s new single point of contact for patent enforcement – took a major step forward with […]

The Unitary Patent: Possible options ahead of the EPO’s transitional measures

Although the Unified Patent Court (UPC) is anticipated to open its doors around March 2023 and European patent holders and applicants are busy reviewing their European patent portfolios to decide whether to opt out of its jurisdiction, the ability to formally select Unitary Patent protection is not yet available. The transitional measures of the EPO […]

Unified Patent Court begins to appoint judges in major step forward for single IP enforcement system

Data provided by Mathys & Squire has featured in articles by City A.M.  and The Patent Lawyer providing an update on the launch of the Unified Patent Court. An extended version of the release is available below. Europe’s new one-stop shop for IP enforcement – the Unified Patent Court – took a major step forward on Friday […]

UPC 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?

Mathys & Squire Partner and patent attorney, Caroline Warren, explores whether the Unified Patent Court (UPC) changes the landscape for court structures in the UK and EU. Unified Patent Court: The Post-Brexit Structure On 6 July 2018 the Cabinet met at Chequers to discuss the UK’s vision for the impending new relationship between the EU […]

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 […]