For information on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing see our two part series of feature articles in PLC Magazine:
- Part 1: The UPC and the unitary patent: a choice for businesses, published in the March 2022 edition of PLC Magazine (pdf available here) looks at the new patent choices the UPC and unitary patent system will provide for prospective patentees, including whether to request unitary status for their EPs (the unitary patent). We look in detail at unitary patents - how to obtain unitary status and the transactional issues surrounding unitary patents, including applicable law of property, and co-ownership 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.
- Part 2 (to be published in the April 2022 edition) will review the risks and opportunities of the new court system, including jurisdictional choices and key considerations for opting patents out of UPC's jurisdiction, and the importance of advance assessment of licensing terms and ownership and its impact on patentee choice in terms of fora. We will also explain the structure of the court and 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 content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.