< Back to latest news & events

UPC

UK General Election – December UPC start date seems doubtful

April 2017

This morning the UK Prime Minister has called for a General Election on 8 June 2017.  Parliament will vote on this tomorrow.

Assuming the General Election goes ahead, under the Fixed-term Parliaments Act 2011, a Parliament is dissolved 25 working days before a general election. For example, for the General Election which took place on 7 May 2015, Parliament effectively ceased operating from 26 March 2015. If a similar timetable is followed, it would seem likely that no Parliamentary business will take place after next week.

In order for the UK to ratify the UPC Agreement, UK legislation on privileges and immunities for provisional application of the UPC Agreement was to be laid before Parliament just after Easter. The UKIPO had commented that with that timetable in mind, they were “fully on track” for the court to be operational in December 2017. However, now we have to take a General Election into account, this legislation will most certainly be delayed. This would mean that the UK’s ratification of the UPC Agreement is most likely also delayed and the start date for the UPC of December 2017 seems doubtful.

It is disappointing that uncertainty around the UPC timetable has returned – as soon as we have more news, we will circulate it.

This update was prepared by HGF’s Profession Support Director Estelle Senior, based in our Sheffield Office. If you would like further information please contact Estelle or visit our Contact page for your nearest HGF office.

Latest updates

Polymorphs: Clearing the Inventive Step Hurdle at the European Patent Office (EPO)

Polymorphic forms of active pharmaceutical ingredients (APIs) can represent commercially valuable compound subject matter and can be critical to providing necessary drug product characteristics and performance. However, patenting polymorphs is …

Read article

IQPC Global US Exchange

HGF are proud ‘Silver Plus’ sponsors of the IQPC Global US Exchange, at the Austin Marriot South, Texas. The IQPC Global US Exchange will be held at the Austin Marriot …

Read article

Update on the Precision Breeding Act 2023: details emerge of the new simplified regulatory pathway for gene edited plant and animal derived food and feed products

The Genetic Technology (Precision Breeding) Act 2023 could come into force as early as spring 2025. It empowers the Food Standards Agency (FSA) to create a new simplified regulatory pathway …

Read article

Court of Appeal Decision Upholds Invalidity of Patent Due to Amendment Identifying Embodiment as Outside the Scope of the Claims

In a case that highlights the challenges arising due to post-grant amendments, and in particular interpretation of the claims in view of the description, the Court of Appeal in Ensygnia …

Read article

UPC Court of Appeal clarifies approach for interpreting claims with “obvious” errors

Alexion Pharmaceuticals, Inc. v Samsung Bioepis NL B.V. [UPC_CoA_402/2024] –Court of Appeal of the UPC (Grabinski, Blok, Gougé, Enderlin, Hedberg) – 20 December 2024 Alexion Pharmaceuticals, Inc. v Amgen Technology …

Read article

IP Ingredients: Winter Case Law Review 2024

As the nights draw in and the frenzy to finish everything off before the holiday season reaches its peak, it’s time to take a break, grab your favourite hot beverage …

Read article