Update on the Unitary Patent Court

By Alan Johnson

Since our last report, the most major development in this dossier has been the Preparatory Committee’s acceptance that its ambitious timetable for delivering the Unitary Patent Court (UPC) and unitary patent system by ‘early 2015’ could not be met. That target date has now been put back to the ‘end of 2015 at the earliest’. Hence in reality we are now looking at a 2016, or perhaps even 2017, start date for the new regime.

In other news
The 16th draft rules of procedure have been published. Among the points clarified are that supplementary protection certificates (SPCs) will be automatically opted out with basic patents. The committee remains split, however, as to whether the Court of Appeal may grant leave to appeal from a procedural decision of first-instance divisions…

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