Posts Tagged: "unitary patent"

What to Know in the Lead-Up to Brexit and the Unitary Patent System

With a “no-deal” Brexit set to take place this Friday and the Unitary Patent system set to take effect sometime this year, EU patent applicants who want protection in the UK should be aware of the many moving parts to consider. Patent applicants who wish to file for a European patent and receive patent protection in the United Kingdom (UK) should consider whether they want the European patent to have “unitary” effect and be mindful of the UK’s participation in the Unitary Patent system. The UK European Union membership referendum, known commonly as “Brexit,” took place on June 23, 2016. The referendum resulted in a majority of votes in favor of leaving the European Union (EU). A “no-deal” Brexit is set to occur on April 12, 2019 absent of a “new deal” between the UK and EU leaders or an extension.

EPO Patent Applications Grow By 4.6% to Reach New High

There were 174,317 patent applications filed at the European Patent Office in 2018, according to figures in its Annual Report published today (March 12). That represents an increase of 4.6% on 2017, when there were 166,594 applications. The number of patents granted also increased. The EPO published 127,625 granted patents in 2018, up 21% on 2017. U.S. entities are once again the most prominent applicants at the EPO, accounting for 25% of all applications in 2018. The U.S. is followed by Germany (15%), Japan (13%), France (6%) and China (5%). Applications from Germany grew by 4.7%, which the EPO attributed to an upward trend in the automotive sector and related areas, such as sensors and other measuring devices.

The Unitary Patent: Strategy, Opportunities and Risks

Join Gene Quinn, Michael Fröhlich, and Tony Proctor for a frank discussion of the pros and cons of the Unitary Patent and the Unified Patent Court. This webinar will address: (1) What you need to know about the Unitary Patent and the UPC; (2) Pros and Cons of the Unitary Patent; (3) Pros and Cons of opting out of the UPC; and (4) Obtaining a German patent as a hedge against uncertainty.

EPO ready for the first Unitary Patent as soon as the ratification requirements are met

One of the great aspects of the Unitary Patent is that it follows the normal EPO procedure up to grant. And indeed, the search and the examination processes will be precisely the same as those you’ve been used to with the current EP and PCT procedures, and will be performed by the same examiners. One of the strengths of the EPO is that we allocate examiners to applications according to their technical expertise, regardless of the filing route through which applications arrive. It will only be at the end of the procedure, when the application proceeds to grant, that applicants will have to indicate if they want to have a single Unitary Patent instead of a bundle of patents for individual member states, as is the case for the European patent. So it’s extremely straightforward, cost effective, and much simpler to administer post grant than the current European patent. My impression is that many U.S. applicants already understand the logic and advantages of this very well, sometimes even a little better than European applicants, as the geographical size and the GDP of the market covered by the Unitary Patent is very similar to that of the U.S. patent.

Germany Suspends Requirement of Presidential Signature for Formal Ratification of UPC Agreement

Effective June 11, 2017, the Office of the President of the Federal Republic of Germany has agreed to suspend the Presidential signature required for formal ratification of the UPC Agreement. This suspension will remain in place until the German Federal Constitutional Court (“Bundesverfassungsgericht”) has reached a decision in the ongoing expedited proceedings relating to an action (“Verfassungsbeschwerde”) challenging the ratification.