The Unitary Patent & Unified Patent Court - Upcoming Changes to the European Patent System

Introduction

A new patent litigation system in Europe - the Unified Patent Court (‘UPC’) - is expected to come into full force by the beginning of 2023, and with it a new pan-European patent right - the European patent with unitary effect (Unitary Patent).

The period of provisional application of the UPC has already started, during which intensive preparations for the court, such as the recruitment of judges, will begin.

During this time, important decisions will also have to be made by patent owners and their third-party competitors in preparation for the UPC.

Most importantly, these will include whether or not to opt-out certain European patents from the jurisdiction of the new court and decide which newly granted patents will be converted to Unitary Patents.

This webinar will explain the key features of the new system, including its structures and procedures, opt-out and a consideration of the pros and cons of litigating in the court.

What You Will Learn

This webinar will cover the following:

• The dual-track jurisdiction between the UPC and the national courts for European patents during the transitional period and its implications
• How opt-out and withdrawal of opt-out works
• The Unitary Patent compared to European patents and national patents
• The structure of the UPC divisions and its significance
• How panels of judges are constituted and its significance
• Key points on UPC internal jurisdictions rules - where do you file and what are the consequences?
• A procedural overview of a UPC action up to trial
• Potential advantages and disadvantages of using the court and the Unitary Patent

This webinar was recorded on 6th July 2022