A short presentation on the basics of the new European Unified Patents Court proposals. The new court system will allow central litigation of European Unitary Patents (EUPs) and "traditional" European patents. The new European Unified Patents Court will affect anyone with European patent applications, granted patents or considering getting protection in Europe in the future. Please also view my short presentation explaining the basics of the European Unitary Patent (EUP).

1. European Unified Patents Court:
The Basics
Joseph Lenthall, Mewburn Ellis LLP
June 2013
joseph.lenthall@mewburn.com

2. New court system
• A new agreement negotiated by many EU countries
• Not an EU agreement
• The agreement sets up a new court structure: the
Unified Patent Court (UPC)
• Purpose: centralized litigation of European patents

3. Jurisdiction of UPC
• Infringement and validity of:
• European Unitary Patents, EUPs (see EUP presentation)
• “traditional” European Patents: existing and future
• Transitional arrangement
• Owner of EP has the right to opt out

4. EPC member
states
All of EU
+
Iceland, Norway,
Switzerland, Turkey,
Croatia, Albania,
Serbia, Macedonia

5. EU member
states

6. EUP
regulation
EU minus Spain
and Italy

7. UPC
agreement
EU minus Spain
and Poland
(Poland has not yet
signed, but may in
due course)

8. Opting out of UPC
• EP owner can opt out at time of grant
• Opt-out lasts for the lifetime of the patent
• Opt-out provisions will last for 7-14 years
(Depending on success of the court)
• EP owner can opt back in
• Eventual aim is for there to be no opt-out

9. UPC structure
Court of Justice of the EU (Luxembourg)
Court of Appeal (Luxembourg) – 5 judges
Court of First Instance – 3 judges
Appeal
Appeal: rare …?
Referral
(EU law only)

10. Structure of court of first instance
Central Division
Subject matter
based on IPC
A, C
LONDON
B, D, E, G, H
PARIS
F
MUNICH
Local/Regional Divisions
Any subject
matter
Various
locations
Any subject
matter
Various
locations
Any subject
matter
Various
locations
Any subject
matter
Various
locations
Referral

11. Location of Central
Divisions and Court
of Appeal
London
Paris
Luxembourg
Munich

12. Types of action
• Action for infringement can be started in central
division or local division
• Action for invalidity – central division only
• Infringement and validity actions can be heard
together or separately
• Stay of proceedings possible

13. Substantive law
• Validity
• Same as EPC
• Infringement
• Very similar to existing national laws …
• … because the national laws were based on the old
Community Patent Convention, which never came into force

14. Substantive law on infringement
• Direct infringement
• Making, using, importing a patented product
• Using a patented process
• Direct product of patented process
• Indirect infringement
• Exemptions to infringement
• Exhaustion of rights

15. Entry into force
• UPC agreement enters into force when:
• 13 of the participating member states ratify the agreement
• Must include DE, FR and GB
• When the UPC agreement comes into force, the
EUP also comes into effect
• Perhaps in 2015, more likely 2014

16. For more advice,
Please contact:
Joseph Lenthall
joseph.lenthall@mewburn.com
Based in Bristol and London, UK
Mewburn Ellis LLP
Tel: +44 117 945 1234
Fax: +44 20 7776 5399