The Long Run European Patent System: Update around the Latest News

The Long Run European Patent System: Update around the Latest News


The Long Run European Patent System: Update around the Latest News

Following our note “The Future European Patent System: Being Prepared,” we report here around the latest news around the implementation from the major changes towards the European patent system. In recent days, there’s been important news concerning the dismissal of Spain’s challenge in the courtroom of Justice from the Eu, that was the ultimate legal hurdle somewhere, as well as towards the suggested degree of charges within the new system-namely individuals for litigation within the Unified Patent Court (such as the opt-out fee) as well as for renewing a Unitary Patent, each of which will influence the way the product is used.

The Ultimate LEGAL HURDLE Has BEEN Removed –

On 5 May 2015, a legal court of Justice from the Eu (CJEU), as was generally expected, discarded the objections taken by The country to the development of European unitary patent protection. The country had elevated, in 2 actions, a lot of discrete objections towards the legality from the system. These incorporated critique of European Patent Office (EPO) procedures and also the incorporation of individuals procedures into EU law, the delegation of EU forces towards the EPO and Member States, and also the adoption of the language regime that discriminates against Spanish, towards British, German and French. The CJEU summarily ignored each one of the objections. Regarding the word what objection, it acknowledged the regime discriminates between languages, nevertheless it required the vista that the advantages of the brand new system over-shadow the disadvantages. The possibility together with your new system were obviously uppermost within the court’s mind and determined the means by that the court addressed all of Spain’s objections. Nowadays there are forget about legal hurdles to implementation. The future of what’s a political project has become again at the disposal of the Member States, because the UPC Agreement awaits ratification.

Please visit full Update below to learn more.

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Trevor Cook | Partner, Intellectual Property Litigation | +1 212 230 8826 |
Lisa Pirozzolo | Partner, Intellectual Property Litigation | +1 617 526 6388 |
Mark Selwyn | Partner, Intellectual Property Litigation | +1 650 858 6031 |
Anthony Trenton | Partner, Intellectual Property Litigation | +44 (0)20 7645 2556 |

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Comments ( 4 )
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