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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 An opt-out can be withdrawn at any time "unless an act ...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] |
