One of the first preliminary injunctions was issued by the Unified Patent Court on 22 June 2023. The decision was made ex parte and, remarkably, on the same day as the application for an injunction was filed by the proprietor, despite the respondent’s efforts to avoid the issue of an injunction by filing a protective letter.
After several years of delays, formalities, constitutional disputes, and doubts in the minds of many as to whether the European Union’s new Unified Patent Court would ever open for business, this new court has finally opened its doors and will start taking cases from today.
The implementation of the Agreement on a Unified Patent Court has been a slow process, with many unexpected hurdles and delays being encountered along the way. However, it seems the Unified Patent Court is now ready to start taking cases, and thus Germany has recently ratified the UPC Agreement, setting into stone 1 June 2023 as the date on which this long-awaited court will finally open for business.
The start date of the European Union’s new Unified Patent Court has been delayed several times, but it was widely expected that the 1 April 2023 start date would be adhered to this time. However, in view of some technical difficulties encountered by many who are due to start using this system when it comes into effect, a decision has been taken to delay the start of the new system by a further two months.
Those interested in the European Union’s new Unitary Patent System will know the start of this new system has been delayed several times since it was originally agreed upon by the participating EU Member States. However, this new aspect of European patent practice now seems highly likely to open for business in early 2023. Now is therefore the time for applicants of European patent applications and proprietors of European patents to familiarise themselves with the options available to them once the Unitary Patent System enters into force.
There has long been a desire for patent rights to be pan-European. Now the Unitary Patent System has been built and is scheduled to begin operation at the end of 2022 or the beginning of 2023. Such a new International system requires a new judicial organisation to govern it. This is the Unified Patent Court (UPC). European patents will be governed by the UPC by default. Therefore if a patentee wants to deviate from this, and ensure their patents are governed by national law, then action must be taken soon.
With the Unitary Patent System due to start in the near future, it is important for applicants of European patent applications to consider whether to validate their European patent classically or, where possible, with unitary effect across the Unitary Patent System Member States. Here we provide a summary of the main advantages and disadvantages of unitary patents to help you decide whether unitary patents are right for you and how best to use this new option.
The gestation period of the European Unitary Patent System has been a long one with many delays. However, on 19 January 2022 the Austrian government deposited their instrument of ratification of the Protocol to the Unified Patent Court (UPC) Agreement on provisional application. This act triggered the start of the Provisional Application Period (PAP) and the birth of the Unified Patent Court as an international organisation.