12 April 2018
The Unified Patent Court (UPC) and the Unitary Patent (UP) are two long-awaited developments in European patent law. In due course, the UPC should represent a jurisdiction of 25 member states of the European Union in which patents can be litigated efficiently and effectively. As well as UPs, the UPC will have jurisdiction over classical European Patents (unless opted out during the transitional period).
The UPC will consist of a Central Division, as well as Local and Regional Divisions. The Central Division of the UPC is to be based in Paris with branches in London and Munich.
A number of countries (including France) have ratified the Agreement on a Unified Patent Court (AUPC), but Germany and the United Kingdom are still required to ratify in order for it to come into effect. The German ratification is presently delayed until the resolution of a constitutional complaint and the UK has not yet ratified. Brexit may have implications for the UK ratification. As a result, it is still not certain when the UPC will start.
Nevertheless, it is important that patentees consider in advance their intended strategy for their patent portfolios, particularly in light of the option during the transitional period to opt existing European Patents out of the jurisdiction of the UPC.
Gide's dedicated UPC team will be providing helpful information and thoughtful analysis, so please follow our LinkedIn dedicated UPC page for updates.