17 Dec, 2024 UPC Inventive Step Assessment Begins to Crystallise with Beginning of Issuance of Decisions By Thomas Prock Mike Gilbert With the frequency of issuance of UPC decisions on the merits beginning to increase, the long-sought answer to the question of how the...
16 Dec, 2024 UPC sets out burden of proof requirements for Permanent Injunctions By Thomas Prock Mike Gilbert Jen Cardwell On 4 November, the Milan Local Division of the UPC handed down their final decision in the Oerlikon v Bhagat infringement action. This...
10 Dec, 2024 Flexibility at the UPC enables hard copy intervention filing By Thomas Prock Mike Gilbert The UPC has continued to show flexibility with its approach to the CMS, with a Panel exercising its discretion to allow the filing of a...
09 Dec, 2024 UPC: EPO decision not to delay registration of Unitary Effect reversed - but refund of Court fees denied By Thomas Prock Mike Gilbert In June 2024, the EPO notified patent applicants that, in light of Romania’s ratification of the UPCA, it will, upon request, allow...
04 Oct, 2024 Gene Editing and EU Regulations – a patent attorney’s perspective By M&C Newsroom Gene editing in agriculture has made leaps over the past decade, from CRISPR breakthroughs to trials with GABA-enriched tomatoes and...
24 Sep, 2024 UPC Confirms Determination of Closest Prior Art to be Unnecessary By Thomas Prock Mike Gilbert In light of the UPC’s stated aim of concluding first instance proceedings within a year of their initiation, it comes as no surprise that...
30 Aug, 2024 Romania joins the UPC on 1 September 2024 By Thomas Prock As previously reported, Romania will join the Unified Patent Court (UPC) on 1 September 2024. As a consequence, the jurisdiction of the...
16 Aug, 2024 UPC follows EPO’s ‘rebuttable presumption’ of priority right By Thomas Prock Mike Gilbert Abigail Spreadbury In 2023, the EPO’s Enlarged Board of Appeal issued the G1/22 and G2/22 decisions which decided that there is a ‘rebuttable presumption’...
07 May, 2024 Dusseldorf Local Division of the UPC confirms that there is no prosecution history estoppel in UPC proceedings By Thomas Prock Abigail Spreadbury Mike Gilbert The Düsseldorf (DE) Local Division confirmed that there is no prosecution history estoppel in proceedings in front of the UPC. This...
18 Mar, 2024 Unlocking UPC secrets: No standardisation of penalties for confidentiality breaches across local divisions By Thomas Prock Mike Gilbert Abigail Spreadbury On 30 January 2023, the Paris Local Division decided that it is not necessary to harmonise penalties for breach of confidentiality...
02 Feb, 2024 M&C in the news: UPC trends to watch out for By M&C Newsroom The establishment of the Unified Patent Court (UPC) last year marked a significant milestone in European patent litigation and while the...
23 Nov, 2023 M&C in the news: The UPC is off to a ‘flying start’ but faces critical decision over transparency By M&C Newsroom It’s been nearly six months since the Unified Patent Court (UPC) opened its doors and, so far, it appears to be riding high. With more...