Title: The unitary patent and the Unified Patent Court /
Authors: Callens, Pieter, 1980-; Granata, Sam, 1970-
Year: 2017
Subjects: Unified Patent Court.; Unified Patent Court; Patent laws and legislation European Union countries.; Patent suits European Union countries.; Patent laws and legislation; Patent suits; Patent laws and legislation Europe.; Patent suits Europe.; European Union countries
Abstract: This book discusses the legal texts regarding the unitary patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new unitary patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride. Non-participating member states attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived. The exact date when the UPC will open its doors and the first unitary patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions and individuals will be able to obtain not only a patent title with immediate effect in twenty-five EU Member States but also a court decision on, for example, infringement or validity of a European or Unitary Patent with effect in the participating Member States.--
Contents: History of the EU patent title -- Legal instruments for unitary patent protection -- Legal challenges against the unitary patent regulation and the translation regulation -- Accession of Italy to the enhanced cooperation -- The unitary patent -- Language regime of the Unitary Patent -- Legal status of the UPCA and the Unified Patent Court -- Structure of the court -- Composition of the different divisions of the court -- The judges of the court -- Jurisdiction and competence -- Sources of law and substantive law -- Organisation of proceedings -- Finance of the court -- Implementation and operation of the UPCA -- Unified Patent Court website and case management system -- The rules of procedure of the Unified Patent Court. Introduction -- Preamble -- Application and interpretation of the rules of procedure -- (Part 1) Procedures before the Court of First Instance (rules 10-159): stages of the proceeding (inter partes proceedings) -- (Part 2) Evidence (rules 170-202) -- (Part 3) Provisional measures (summary proceedings) (rules 205-213) -- (Part 4) Procedures before the Court of Appeal (rules 220-254) -- (Part 5) General provisions -- (Part 6) Fees and legal aid (rules 370-382).