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2 October 2015Patents

UPC provisions to come into force early

A protocol allowing some aspects of the Unified Patent Court (UPC) to be implemented early has been signed by EU member states, paving the way for the court to be opened at the “start of 2017”.

The protocol was signed during the Competitiveness Council meeting in Brussels yesterday, October 1.

The aspects include final decisions on the practical setup of the court, the recruitment of judges, and testing of IT systems. “The provisional application phase will also be used to allow for early registration of opt-out demands,” a statement said.

In total, seven member states, including the key signatories of France, Germany and the UK, signed the protocol.

According to the UPC’s preparatory committee, the signing is the “latest step” towards bringing the UPC into operation.

“The committee aims to complete its work by June 2016 with a view to the UPC opening at the start of 2017,” the committee said in a statement.

Benoît Battistelli, president of the European Patent Office, which will administer unitary patents, welcomed the news.

He said: “Today’s signing is great news for innovators, who will benefit from this simplified and better value patent system.”

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