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UPC-series: Enforcement of UPC-decisions

By Rainer Schultes | November 14th, 2023 |

The decisions of the UPC are directly enforceable and fully binding in each Contracting State. If a party fails to comply with a decision, the Court is entitled to impose penalty payments on it. Last but not least, judgments and orders are subject to guarantee or security.

For more details […]

UPC-series: Remedies available

By Alexander Schnider | November 9th, 2023 |

Declarations of non-infringement

This type of declaration can be lodged separately or in conjunction with an action for revocation in the Central division. In order to be lodged separately, the proprietor or the licensee needs to have an already asserted patent infringement. Another circumstance is when the plaintiff requested […]

UPC-series: Time to appeal!

By Rainer Schultes | November 8th, 2023 |

The defeated party may bring an appeal application before the Court of Appeal. The other party is free to file a counter-appeal pursuant to Rule 235 of the Rules of Procedure. The standing judge may deny the request to appeal. If the request is accepted the procedure continues by […]

UPC-series: Rules of procedure

By Constantin Kletzer | November 7th, 2023 |

Both infringement and revocation proceedings on the merits before the UPC consist of a written, an interim and an oral procedure, a procedure for the award of damages and a procedure for cost decisions.

The written procedure

The written procedure before UPC starts with an exchange of written pleadings and […]

UPC-series: Language Regime

By Rainer Schultes | November 3rd, 2023 |

The issue of the admissible languages was one of the main reasons why the arose so many disputes and such a delay entering into force the UP regime and allowing the function of the UPC. The language of proceedings at the Central division of the Court of First Instance […]

UPC-series: Unitary Patent (UP) vs. “Classic” (bundle) European Patent

By Constantin Kletzer | November 2nd, 2023 |

The Unitary Patent (UP) is based on the European patent granted by the EPO under the rules of the European Patent Convention (EPC). In fact, after a “classic” European patent is granted, the unitary effect can be requested afterwards, thereby the European patent acquires unitary effect that provides uniform patent […]

UPC-series: Scope of UPC’s jurisdiction

By Alexander Schnider | October 30th, 2023 |

The jurisdiction of the Court covers both “classic” European patents and European patents with unitary effect (Unitary Patents), considering both infringement and revocation actions. Nevertheless, the exclusive jurisdiction of the Court regarding “classic” European patents is subject to exceptions during a transitional period of seven years. During this period, […]

UPC-series: Structure of the UPC

By Rainer Schultes | October 27th, 2023 |

The Unified Patent Court (UPC) is an international court, which came into full force on 1 June 2023 and whose jurisdiction has been currently accepted by seventeen (17) EU Member States through the Agreement on a Unified Patent Court (UPCA). The UPC serves the entire framework of patent litigation […]

The Enlarged Board G 1/22 and G 2/22: The EPO is competent to assess priority entitlement

By Rainer Schultes | October 16th, 2023 |

and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal requirements under the EPC is entitled to do so.

The referral by Technical Board of Appeal in cases T 1513/17 and T 2719/19 concerned, firstly, the question whether the EPO is competent to […]

Enforcement of Decisions of the Unified Patent Court

By Rainer Schultes | October 5th, 2023 |

GEISTWERT partner Rainer Schultes is a co author of the commentary on the Enforcement of Decisions of the Unified Patent Court, released by Wolters Kluwer under  editors Christof Augenstein and Johanna Flythström

Wolters Kluwer