The Unitary Patent & Unified Patent Court - A New Frontier in the European Patent System

Introduction

A new patent litigation system in Europe - the Unified Patent Court (‘UPC’) - came into full force on 1 June 2023, and with it a new pan-European patent right - the European patent with unitary effect (Unitary Patent).

Prior to this, the sunrise period in which owners can begin to opt out their European patents from the UPC had already begun at the beginning of January 2023.

Consequently, important decisions are being made by patent owners and their third-party competitors in preparation for litigation in the UPC.

Most importantly, these 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 explore the key features of the new system, including its structures and procedures, judges, 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 their significance
• How panels of judges are constituted, who the judges are and the significance of this
• 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 23rd January 2023