How patent owners should prepare for the UPC

10-07-2017

Alexandra Pearson and Katie McConnell

How patent owners should prepare for the UPC

Bartekszewczyk / iStockphoto.com

Although its introduction is likely to be delayed, probably into 2018, the Unified Patent Court represents a radical shakeup of the European patent system, and there are several key considerations for patent owners, say Alexandra Pearson and Katie McConnell of Hogan Lovells.

The upcoming changes to the European patent system are the most radical to the patent landscape in Europe in a generation. They will affect all owners of European patents and in the near future key decisions will need to be made in order to navigate this new regime.

The Unified Patent Court (UPC) was scheduled to come into force on December 1, 2017, but recent developments (most notably the snap general election in the UK and the constitutional challenge in Germany) now mean that this will most likely be delayed until early 2018 at the earliest.

Assuming that the UPC does come into force, and that the UK chooses (or is permitted) to participate, this article looks at the practical steps patent owners should be taking in the coming weeks and months to adapt their patenting and litigation strategies to make the most of the new system, seizing opportunities and avoiding the pitfalls.


Hogan Lovells, UPC, EU, patent, patent owners, patentees, enforcement, strategy, protection

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