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Unified Patent Court's Opt-out Provisions
Proprietors of and applicants for European patents have the possibility to opt out their European patents or patent applications from the exclusive competence of the Unified Patent Court (UPC).Article 83(3) of the Agreement on a Unified Patent Court (UPCA). An opt-out most notably prevents a competitor from challenging the validity of the European patent centrally before the UPC (by filing an action for revocation before the UPC), thus allowing the proprietor to avoid putting all his eggs (i.e., all national parts of the European patent) in one basket. The possibility to opt out is open until one month before the end of a seven-year transitional period after the entry into force of the UPC Agreement (UPCA) on June 1, 2023 but is no longer available if an action has already been brought before the UPC. The possibility to opt out is not available for European patents with unitary effect, which are also called "unitary patents". An opt-out can be withdrawn at any time "unless an act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patents
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A sing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplementary Protection Certificates
In the European Economic Area (European Union member countries, Iceland, Liechtenstein and Norway), a supplementary protection certificate (SPC) is a '' sui generis'' intellectual property (IP) right that extends the duration of certain rights associated with a patent. It enters into force after expiry of a patent upon which it is based. This type of right is available for various regulated, biologically active agents, namely human or veterinary medicaments and plant protection products (e.g. insecticides, and herbicides). Supplementary protection certificates were introduced to encourage innovation by compensating for the long time needed to obtain regulatory approval of these products (i.e. authorisation to put these products on the market). A supplementary protection certificate comes into force only after the corresponding general patent expires. It normally has a maximum lifetime of 5 years. The duration of the SPC can, however, be extended to 5.5 years when the SPC relat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unified Patent Court
The Unified Patent Court (UPC) is a common patent court open for participation of member states of the European Union, and created by the "Agreement on a Unified Patent Court" (UPC Agreement or UPCA), which is provisionally applicable since 19 January 2022. Once the UPC Agreement will be in force, the UPC will hear cases regarding infringement and revocation proceedings of European patents (including unitary patents) that are valid in participating member states. A single court ruling will be directly applicable in the member states that have ratified the UPC Agreement. The UPC Agreement was signed as an intergovernmental treaty in February 2013 by 25 states (all EU member states except Spain, Poland and Croatia). It will enter into force on the first day of the fourth month after meeting three predefined conditions. Provisional application of the UPC Agreement was triggered on 19 January 2022 to enable preparation for the proper functioning of the court after entry into force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agreement On A Unified Patent Court
The Unified Patent Court (UPC) is a common patent court open for participation of member states of the European Union, and created by the "Agreement on a Unified Patent Court" (UPC Agreement or UPCA), which is provisionally applicable since 19 January 2022. Once the UPC Agreement will be in force, the UPC will hear cases regarding infringement and revocation proceedings of European patents (including unitary patents) that are valid in participating member states. A single court ruling will be directly applicable in the member states that have ratified the UPC Agreement. The UPC Agreement was signed as an intergovernmental treaty in February 2013 by 25 states (all EU member states except Spain, Poland and Croatia). It will enter into force on the first day of the fourth month after meeting three predefined conditions. Provisional application of the UPC Agreement was triggered on 19 January 2022 to enable preparation for the proper functioning of the court after entry into force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UPC Agreement
The Unified Patent Court (UPC) is a common patent court open for participation of member states of the European Union, and created by the "Agreement on a Unified Patent Court" (UPC Agreement or UPCA), which is provisionally applicable since 19 January 2022. Once the UPC Agreement will be in force, the UPC will hear cases regarding infringement and revocation proceedings of European patents (including unitary patents) that are valid in participating member states. A single court ruling will be directly applicable in the member states that have ratified the UPC Agreement. The UPC Agreement was signed as an intergovernmental treaty in February 2013 by 25 states (all EU member states except Spain, Poland and Croatia). It will enter into force on the first day of the fourth month after meeting three predefined conditions. Provisional application of the UPC Agreement was triggered on 19 January 2022 to enable preparation for the proper functioning of the court after entry into force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patents With Unitary Effect
The European patent with unitary effect, also known as the unitary patent, is a European patent which will benefit from unitary effect in the participating member states of the European Union. Unitary effect may be requested by the proprietor within one month of grant of a European patent, replacing validation of the European patent in the individual countries concerned. Infringement and revocation proceedings will be conducted in front of the Unified Patent Court (UPC), which decisions will have a uniform effect for the unitary patent for the participating member states as a whole rather than for each country individually. The unitary patent may be only limited, transferred or revoked, or lapse, in respect of all the participating Member States. Licensing is however to remain possible for part of the unitary territory. The unitary patent may coexist with nationally enforceable patents ("classical" patents) in the non-participating states. The unitary patent's stated aims are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case Management
The terms legal case management (LCM), matter management or legal project management refer to a subset of law practice management and cover a range of approaches and technologies used by law firms and courts to leverage knowledge and methodologies for managing the life cycle of a case or matter more effectively.Legal Project Management: Control Costs, Meet Schedules, Manage Risks, and Maintain Sanity Steven B. Levy, DayPack Books (2009) Generally, the terms refer to the sophisticated information management and workflow practices that are tailored to meet the legal field's specific needs and requirements. As attorneys and law firms compete for clients they are routinely challenged to deliver services at lower costs with greate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Office
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisationGower's Report on Intellectual Property , para 1.34 while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the lies with the Contracting States themselves when meeting at a Conference of the Contracting States. Within the European Patent Office, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Register
The European Patent Register, also known as the Register of European Patents, is a public register kept by the European Patent Office (EPO). It contains legal information relating to published European patent applications and European patents granted under the European Patent Convention (EPC). The register notably provides the current legal status of European patent applications and patents, such as for instance "whether a patent application has been published, whether a patent has been granted, what the outcome of opposition proceedings was or whether a patent has been revoked". The register does not, however, contain information regarding what happens to a European patent at the national level (especially after grant, when the European patent becomes effectively a bundle of national patents in the member states of the European Patent Organisation). Since October 2011 however, its records include deep links to the corresponding records of the European patents' "national parts" in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opt-out
The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of those who have opted out is called a Robinson list. Telemarketing The U.S. Federal Government created the United States National Do Not Call Registry to reduce the telemarketing calls consumers receive at home. Initially numbers listed on the registry were due to be kept for five years but will now remain on it permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February 2008. The UK's Direct Marketing Association operates a voluntary opt-out scheme through the Telephone Preference Service, which was established in 1995. While the service will reduce unsolicited calls it does not stop solicited calls, market research calls, silent calls or overseas calls. Canada's National Do Not Call List operates an opt-out li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
