Unified Patent Court (UPC) Preparations for the UPC Continue—Proprietors of European Patents Must Start Preparing Now

On 8 July 2022, the Unified Patent Court’s Administrative Committee adopted the Court’s Rules of Procedure. It confirmed the Divisions of the Court of First Instance and received the list of recommended individuals to be appointed as UPC judges, i.e., the appointment process will commence soon and is expected to be completed by September 2022, with the Court likely to open early in 2023.

Unless action is taken, the opening of the new Court will mean that existing European patents in force in UPC member states will become liable for revocation in a single court action before this new Court.

If you do not want your European patent to be at risk of a central attack in the UPC, you must take proactive steps to opt your European patent out of the jurisdiction of the Court. We will address what proprietors of European patents should do now to be fully prepared.

Topics will include:

• Update on the current status of the UPC preparations (new Rules of Procedure, fees, Divisions of the new Court)
• Strategic considerations (opting in/out, unitary patents)
• Recommendations for the next practical steps (such as future filing strategies)
  
  

Speakers:
Dr. Antje Brambrink
Nicholas Fox
Dr. Dr. Jochen Herr, LL.M.

Suggested Resources:
Handout: Preparations for the UPC Continue—Proprietors of European Patents Must Start Preparing Now
Strategic Considerations for Opting In or Out of the Unified Patent Court
The Unified Patent Court FAQ
Unitary Patent FAQ