The Parliament of the European Union, on December 11, 2012, voted for creating a Unitary Patent System (UPS) with a unitary effect in 25 European states.1 Spain and Italy have so far opted out of the system but may choose to join at a later date. The aim is to provide lower costs and more effective protection through one single administrative step. The UPS has three pillars, each pillar with separate legislation and procedures: the first pillar creates an instrument to set up a unitary protection system; the second pillar provides the language regime to deliver and administer the unitary patent; and the third pillar focuses on setting up a Unified Patent Court (UPC) with exclusive jurisdiction concerning infringement and validity of the unitary patents. The unitary patent will co-exist with national patents, as well as the classical European patent with which it shares a common legal basis and procedure for grant. The unitary patent differs only in the post-grant phase and will be treated as a single patent no longer requiring validation (including translations) in each European state. Patents will be made available in English, French, and German, a feature supporters of the UPS claim will reduce current patenting costs up to 80% by avoiding the need for additional translations into other languages. Under the UPS, the European Patent Office (EPO) serves the vital role of examining and administering the unitary patents, as it does for European patents, the key difference being the geographic extent of the legal protection that a patent affords, once it has been granted. The UPC will consist of a Court of First Instance (CFI), a Court of Appeal and a Registry. The CFI will be comprised of a Central Division as well as...
The European Union Votes To Create A Unitary Patent System
|Author:||Mr Anthony Tridico PhD|
|Profession:||Finnegan, Henderson, Farabow, Garrett & Dunner, LLP|
To continue readingREQUEST YOUR TRIAL
- Mondaq France
- Intellectual Property
- A General Overview of French Data Protection Law
- Searching for the Tour de France? A tour de force!
- May 11 2004: France's new Bastille Day?
- Drafting And Negotiating A Patent License Agreement In The Field Of Biotechnologies 10 Pitfalls To Avoid
- Journey To The End Of The Company Name
- Copyright Protection For Applied Art In France: Do Not Take It For Granted
- Paternalism, The Courts And French Copyright Law
- How To Determine The True Inventor
- A Guide To French Anti-Counterfeiting Law
- Sole Ownership Of A Color? Louboutin Loses Appeal In French Court In Trademark Dispute With Zara Over Signature Soles On Shoes
- The European Union Votes To Create A Unitary Patent System
- Intellectual Property Quarterly Newsletter
- French Supreme Court Confirms Use Of A Competitor's Trademark As Keyword French Supreme Court, Decision of 29 January 2013, Nos. 11-21011 and 11-24713, Cobrason v. Solutions
- French Trademarks Composed Of Chinese Characters: Imitation Successfully Upheld With A Broad Definition Of 'Relevant French Public'
- 'Je Suis Charlie' Trademarked In France?
- 5 Things You May Not Know About Trademarks In France
- Bastille Day Fireworks And Copyright
- Implementation By The INPI Of The Electronic Soleau Envelope - « E-Soleau »: A New Valuable Tool For Companies And Creators
- Using Trade Mark Rights To Counter Domain Snatchers In France And Elsewhere
- French Court Rules On Patent Revocation Interest To Sue, Statutes Of Limitation
- The Laguiole Trademark Saga: Victory Can Be A Double-Edged Knife
- Chanel's Logo Cancels Registration For Interlocking Figurative Design
- Claim Against An Ad Broadcast On A Website Accessible In France But Not Targeting The French Audience: Do French Courts Have Jurisdiction ?
- French Intellectual Property Office Extends Granted SPC Expiration Date
- French Cour De Cassation Clarifies Requirement Of Plausibility
- SPCs In France: An Uncertainty Disappears And A Few Days Appear
- One IP Standard To Rule Them All
- At The EPO : Slow And Steady Wins The Race
- Almost Complete Closure Of The IP Specialized Chamber Of The Paris Court Of First Instance From 1 April To 14 May 2018
- Cambodia Joins The European Patent Organisation
- In May Do What You Like: France Is Preparing For The UPC ... And Surprises With The Disappearance Of A Statute Of Limitations
- French Ex-Pat Who Lost Rights To France.com Files Lawsuit
- Examination Of Te Bill Tansposing EU Directive On Tade Secrets
- PACTE Law And Industrial Property: How To Make The French Patent More Attractive?
- French Tax Report - October 2018
- New SPC Referral: France Too Wants Clarification Of The CJEU On 3d) And Neurim's Interpretation (Santern)
- Trade Secrets Better Protected By French Law And By The Courts Ms Marie Danis and Claire Moleon
- New Trade Secrets Law For France
- Protection Of Trade Secrets In France: Entry Into Force Of Welcomed Procedural Clarifications
- Patent Challenges In The Pharma Industry - Innovation & IP Forum Paris
- New French Decree Strengthens Protection Of Confidential Documents
- New French Decree Modifies Rules To Protect Confidential Documents During Infringement Seizure
- Agreement On New EU Copyright Rules
- Adoption Of The PACTE Bill By The National Assembly: What Impact On Industrial Property?
- Consequences Of The PACTE Act On IP Litigation In France
- Consequences Of The French PACTE Act In Terms Of Patent Rights
- No UDRP Remedy For Failure To Renew
- When A Domain Name Is Dropped, You Need The Best Catcher In Your Team
- Descriptive Trademark Registered On US Supplemental Register Insufficient To Satisfy UDRP's First Element