The Rules of Procedureof the Unified Patent Court
The making-of
One year into the UPC. Legal diversity breeds success.
Juve Patent & Bardehle Pagenberg
Hotel Ritz Paris ● 31 May 2024

Pierre Véron

Honorary President EPLAW (European Patent Lawyers Association)
Member of the Expert Panel group of the Unified Patent Court
Member of the Drafting Committee of the Rules of ProcedureMaking-of
UPC Rules of Procedure

A 40-year story (part 1)
1973 Birth of the European Patent
1975 Community Patent Convention
1999 French initiative
2000 Draft regulation on the community patent
2000 European Patent Litigation Protocol
2003 EU Commission’s Communication
2003 European Patent Litigation Agreement
2007 EU Commission’s Communication
2008 Draft agreement 14970/08

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Making-of
UPC Rules of Procedure

A 40-year story (part 2)
2009-03-29 Draft agreement 7928/09
2009-04-24 Request for an opinion to CJEU
2011-03-10 Council decision 2011/167/UE
Enhanced cooperation unitary patent protection
2011-03-08 CJEU negative opinion
2011-04-13 Prop. Regulation
Enhanced cooperation unitary patent protection
2011-04-13 Prop. Regulation translation arrangements
2011-10-26 Draft agreement on a Unified Patent Courtand draft Statute - Revised Presidency text 16023/113

Making-of
UPC Rules of Procedure

European Patent Litigation Agreement

AppealEuropean Patent Courtof Second Instance2003
Local Chamber EPC

Local Chamber EPC

Local Chamber EPC

European Patent Courtof First Instance4

Making-of
UPC Rules of Procedure

2007
Commission Communication???

Court of Justiceof the European Communities

optional preliminary request
binding decision

Court of Justiceof the European Communities

AppealCourt of First Instanceof the European Communities

Unclear whether
second appeal
orreview
will be possible

2007???

First Instance ChamberFirst Instance ChamberFirst Instance Chamber

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UPC Rules of Procedure

19 February 2013
Agreement on the Unified Patent Court

optional preliminary request
binding decision

European Courtof JusticeAppeal(facts & law)

Court of Appeal???

2013
Local division

Local division

Central division

Regional division

Regional division6

Making-of
UPC Rules of Procedure

Signature of the Regulations
by the Presidentsof the European Parliament and theCouncil on 17 December 2012

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Making-of
UPC Rules of Procedure

Brussels 19 February 2013

Unified Patent Court Agreement
signing ceremony8

Making-of
UPC Rules of Procedure

2017-2021
Ratification Process in Germany
Loading, please wait…
20172021

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Making-of
UPC Rules of Procedure

Rules of procedure
The making of (18+ drafts)

https://www.veron.com/upc/trilingual-booklet

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Claude Vallet
Paris Court
then EPO Legal BOA

Massimo Scuffi
Corte di cassazione

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Making-of
UPC Rules of Procedure

Venice mock trials

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Making-of
UPC Rules of Procedure

Venice Scepter
held by Kevin Mooney

15 November 2008 (Venice IV)

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Making-of
UPC Rules of Procedure

Rules of procedure :stage 0

4 November 2006, Venice Forum : European Patent Judges
approve the main principles of the rules of procedure15

Making-of
UPC Rules of Procedure

Rules of procedure:
stages 1-5

2007-2012: The Expert group of the European Union
Commission (judges, attorneys and industry representatives)
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Making-of
UPC Rules of Procedure

The EPLAW/UPC band on Abbey Road

Pierre Véron, Willem Hoyng, Winfried Tilmann, Kevin MooneyStarting their European tour

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Making-of
UPC Rules of Procedure

13 December 2013
Düsseldorf

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Making-of
UPC Rules of Procedure

Rules of procedure: stages 6-16

2012-2014: The Drafting Committee, judges and attorneys

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UPC Rules of Procedure

Draft 15 (31 May 2013):
111 comments received

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Making-of
UPC Rules of Procedure

Draft 17 (31 October 2014)
Reviewed by the Preparatory
Committee

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Making-of
UPC Rules of Procedure

Drafting process: stages 17 +

26 November 2014: Public hearing in Trier

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Making-of
UPC Rules of Procedure

Rules of Procedure:
hot topics in Trier Opt-out provisions
 Language of the Statement of claim Bifurcation
 Decision on provisional measures Final decisions (permanent injunctions) Leave for procedural appeals
 Representatives authorised to practice23

Making-of
UPC Rules of Procedure

Opt-out provisions
 Why?

any reason to pay fees for status quo?

 How much?

“administrative level” or more?

 Who?

all proprietors

 What?

SPC goes with patent For how long? life of the patent Where?

sunrise period EPO, Registry24Making-of
UPC Rules of Procedure

Berlin 25-26 June 2015
Joint meeting Legal Framework Working
Group, Preparatory Committee +Drafting Committee about the 18th draftJohannes Karcher
coordinator of theLegal Framework
Working Group25

Making-of
UPC Rules of Procedure

Rules of Procedure:
hot topics in Berlin Proprietorship and registration for opt outand for proceedings Language of the proceedings whenContracting Member States “designate oneor more of the official languages of theEuropean Patent Office as the language ofproceedings of their local or regionaldivision”.

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Making-of
UPC Rules of Procedure

2017-2021
Pause

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Making-of
UPC Rules of Procedure

9 February 2022

Draft proposal Administrative Committee

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Making-of
UPC Rules of Procedure

25 July 2022

Final text Rule 262
Public access to the register
1. Without prejudice to Articles 58 and 60(1) of theAgreement and subject to Rules 190.1, 194.5, 196.1,197.4, 199.1, 207.7, 209.4, 315.2 and 365.2, andfollowing, where applicable, redaction of personal data
within the meaning of Regulation (EU) 2016/679 andconfidential information according to paragraph 2(a) decisions and orders made by the Court shall bepublished,(b) written pleadings and evidence, lodged at theCourt and recorded by the Registry shall be available tothe public upon reasoned request to the Registry; thedecision is taken by the judge-rapporteur after
consulting the parties.
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Making-of
UPC Rules of Procedure

Improvement expected30

Making-of
UPC Rules of Procedure

Trilingual book

UNITARY ¨PATENT & UNIFIED PATENT COURT - REGULATIONS, AGREEMENT & RULES OF PROCEDURE

https://www.veron.com/upc/main-documents/

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Making-of
UPC Rules of Procedure

Full text search engine
in the UPC decisions(all translated into English)

https://www.veron.com/upc-caselaw

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Overview
The 10 main featuresof the UPC proceedingsMaking-of
UPC Rules of Procedure One year for a judgment
 Mainly written proceedings, in electronic form
 The Registrar: an important person
 Preformatted proceedings
 Front-loading system The Judge-rapporteur: a key person
 One day hearing
 Hearing of a witness in person exceptional
 Appeal widely open Court’s fees
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Pierre Véron

Thank youpierre.veron@veron.com

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