After nearly 50 years, it looks as though we will witness the first big upheaval to the patent system in Europe since the European Patent Convention in the 1970s. After a lot of planning, and even more politics, the Unified Patent Court and the Unitary Patent System are nearly ready and could be in use as early as September.

Weighing the opportunities and risks of a unitary patent system against the current model is undoubtedly important in the lifecycle of a smart idea. Therefore, in the latest instalment in our long-running webinar series, we examine the position of current and future patents in Europe, consider new options, and provide detailed, practical answers to important questions, including:

  • What should I be doing now if I own European patents?
  • What strategies should I adopt to ensure my patents are not at risk in the new system?
  • Should I opt-out and keep my patents outside the new court system?
  • If so, how do I proceed?
  • Should I use the new pan-European designation for new patents?

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This is the 19th installment in our Lifecycle of a Smart Idea series, dedicated to helping you maximise opportunity and minimise risk when taking innovative ideas to the global market. Watch more from the series »

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TOP TIPS FROM THE PANELISTS

Michael Carter - Legal Director, Birmingham

  • A lot of focus will be on the effect of the UPC on litigation, but it will impact even those patentees who have no intention of ever becoming involved in patent litigation due to its impact on collaboration, licensing and security arrangements.
  • It's not just patentees who should be taking steps to prepare – implementers can scope out what their competitors are doing and take preparatory steps to defend against the risk of early preliminary injunction applications by considering whether to file protective letters.

Anthony Dearden – Patent Agent, Vancouver

  • Consider an across-the-board opt out strategy to shield your existing European patent portfolio from the UPC and start auditing for the opt out now

Edith Penty Geraets – Associate, Vancouver

  • Be proactive and carry out an audit of European patents early to avoid a scramble close to the UPC enactment date. Make sure that you are in agreement with any joint patent owners on your opt out strategy.
  • Identify any pending European applications nearing the end of prosecution which you might want to grant as a Unitary Patent and flag these to your patent advisor. Remember a Unitary Patent is a single asset and cannot be divided or reduced in scope.

Clémence Lapotre – Principal Associate, Paris

  • Anticipate the possibility of bringing or defending actions by familiarising oneself with the UPC rules of procedure.

Seiko Hidaka – Legal Director, London

  • The key to UPC success is the quality and consistency of judges across the board and the proper accounting for the relevant evidence and views taken into account and the weights placed on these with sound reasoning.

CPD INFORMATION

*This program is eligible for up to one hour of substantive CPD credits with the LSO, the LSBC and the Barreau du Québec. If you require a certificate of participation please contact Shannon Wadsworth.

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