When you’re investing in strategic research and development, you need to know that you can turn that investment into business value. That’s where patents come in. A patent or even just a patent application provides the legal deterrent to competitors who would rather copy unprotected technology and provides reassurance to investors who want to see something more tangible than just great.
End of transitional period (unless extended)
UPC comes into existence (first day of the fourth month of the 13th ratification – which must include France, Germany and UK)
Sunrise period for opt outs
Germany & UK ratify and deposit their instrument
Further countries ratify and deposit instruments
Recruitment of judges commences
Bulgaria ratifies and deposits its instrument of ratification (Country 10)
The UK Parliament has approved the legislation (The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016) which will give effect to European Union legislation in relation to the European patent with unitary effect and to the international agreement on the Unified Patent Court in the UK.
The Preparatory Committee for the UPC agrees the Rules on Court fees and recoverable costs for the UPC. The biggest change, and welcome news for proprietors of existing EP patents and applications is that no fee will be payable in order to opt out of the jurisdiction of the UPC. Many have lobbied that this should have always been the case, and will welcome this news - final agreed version of the UPC fees here.
UPC Rules Of Procedure Finalised by the UPC Signatory States, subject to any future amendments on the court fees. The tables at pages 141 and 142 give an overview of stages of Infringement and Revocation proceedings. The full Rules of Procedure can be found here.
Protocol to the UPC Agreement
Italy joined the Unitary Patent and became the 26th member of the enhanced cooperation on Unitary Patent protection.
EU countries agreed on the level of renewal fees of the unitary patent. The renewal fees will be equal to the sum of national renewal fees in four countries (Germany, France, the United Kingdom and the Netherlands). According to the EC, this means that an inventor protecting their innovation with the unitary patent will pay less than €5,000 in renewal fees over 10 years for a territory that covers 26 EU countries, instead of the current level of around €30,000, which has proven to discourage companies from patenting in Europe.
The ECJ delivers two judgments which both dismissed Spain’s actions trying to annul the regulations forming part of the unitary patent – The Agreement on the UPC is set to go ahead.
France deposis its instrument of ratification on the UPC; notable because France is one of the countries (together with Germany and the UK) which must ratify in order for the Agreement to come into force
Following the adoption of the two Regulations in the contracting countries, except for oland but with the addition of Italy, proceeded with the signature of the Agreement on a Unified Patent Court. The process for the ratification of the agreement is ongoing. The package will come into effect when 13 countries have ratified the Unified Patent Court agreement. Unitary patent ratification by EU country
February 2012, EU countries and the European Parliament agreed on the ‘patent package’ – a legislative initiative consisting of two regulations and an international agreement that lay the ground for the creation of unitary patent protection in the EU.
The package consists of:
- a Regulation creating a European patent with unitary effect ('unitary patent')
- a Regulation establishing a language regime applicable to the unitary patent
- an Agreement between EU countries to set up a single and specialised patent jurisdiction (the 'Unified Patent Court')