In the second part of our series of feature articles on the UPC and unitary patent in PLC Magazine, The UPC and the unitary patent: the time is now (published in the April 2022 edition – pdf available here*) we review the risks and opportunities of the new court system, including jurisdictional choices, key considerations for opting patents out of the UPC, and the importance of advance assessment of licensing terms and ownership and its impact on patentee choice in terms of fora. We also explain the structure of the court, where cases will be heard, and some of the key procedural issues, as well as discussing costs, court fees and the appointment of judges.

The two part series examines how this new European patent system will work, what businesses need to do to prepare for it and why they need to act now in order to protect their business from its impact and take advantage of what it has to offer.

In part 1 The UPC and the unitary patent: a choice for businesses, published in the March 2022 edition of PLC Magazine  (pdf available here*), we look at the patenting choices that the new system will deliver (see also our blog post here). We examine the unitary patents in detail, including how to obtain unitary status and the applicable law of property and co-ownership issues and other transactional issues. We also set out the timeframe to the start date for the UPC, explain where the UPC and unitary patents will have effect and suggest what businesses should be doing now.

For more on the unitary patent and the UPC see our dedicated UPC & UP Hub,

Our fully integrated, market leading European patent litigation team is ready to advise on all aspects of the practical and strategic issues which you should be considering in preparation for the UPC – please contact us for further information.

*These articles first appeared in the March and April 2022 issues of PLC Magazine http://uk.practicallaw.com/resources/uk-publications/plc-magazine.

Authors

Sebastian Moore
Sebastian Moore
Partner, London/ Milan
+44 207 466 2801

Andrew Wells
Andrew Wells
Senior Associate, London
+44 20 7466 2929
Rachel Montagnon
Rachel Montagnon
Professional Support Consultant, IP
+44 20 7466 2217
David Webb
David Webb
Associate, London
+44 20 7466 2629