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统一专利法院诉讼
统一专利法院(UPC)为专利持有人提供了一个新的机会来获得泛欧洲的专利侵权救济。同样,在欧洲专利局9个月的异议期之后,统一专利法院也提供了一种新的机制撤销统一欧洲专利。
尽管英国不属于统一专利法院的管辖范围,但作为欧洲专利律师,我们的团队有能力在这个新的法院代表当事人。这使我们处于一个独特的地位,能够管理英国和统一专利法院的诉讼行动,为英国和欧盟的争端解决提供协调有效的方法。
基于我们在欧洲专利局异议诉讼中的丰富经验,施利希团队有能力在统一专利法院可能的各种诉讼、侵权、撤销和非侵权声明诉讼中,提出一应俱全的诉讼服务。对于专利持有人来说,由于需要在多个司法管辖区发起和协调不同的诉讼,欧洲各地的传统诉讼既昂贵又复杂。统一专利法院极大地简化了事务,所有参与的欧盟成员国只需要一个诉讼,从而使欧洲专利的实施费用大幅增加。
统一专利法院还为那些希望对已授予的欧洲专利的有效性提出质疑的人增加了可用的工具箱。在这里,我们能够利用统一专利法院诉讼与其他类型的诉讼相辅相成,包括欧洲专利局的异议诉讼和英国知识产权局的意见服务,以便最大限度地提高实现运营自由的前景。
尽管统一专利法院是解决专利纠纷的新体制,但基于我们在欧洲专利局(EPO)诉讼事务中的丰富经验,我们已经做好了适应这一新制度的充分准备。这些经验使我们处于最佳位置,可以在统一专利法院的各种诉讼中采取行动,包括侵权、撤销和非侵权行动声明。我们的团队习惯于处理高价值且复杂的诉讼,并一直在寻找创新的方式来提供全面明确的战略建议。
我们专业的统一专利法院诉讼律师
施利希律师团队在统一专利法院诉讼方面拥有专业的技术知识和丰富的实战经验。
近期案例解析
阅读来自施利希团队最近与统一专利法院诉讼相关的案例解析和统一专利法院的最新动态。
The UPC have been Quick to Issue their First Preliminary Injunction
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.
Today’s The Day – The UPC Has Opened!
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.
Daybreak at last! The UPC start date is confirmed
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.
Daybreak is on the horizon, but the sunrise is still a little way off
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.
A long night, but the sun is coming up over Europe
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.
A New European Court to Administer an EU Patent
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.
Unitary patents are coming – are they right for you?
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 Die Is Cast – The European Unified Patent Court is on its way
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.
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