Unified Patent Court: Protocols on Privileges and Immunities and on Provisional Applications

Strategic Considerations for U.S. Applicants and Patentees

A live 90-minute premium CLE video webinar with interactive Q&A

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Thursday, February 17, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will guide patent counsel on the Unified Patent Court (UPC) and the recently approved protocols associated with the UPC. The panel will discuss the fundamental changes so that counsel can prepare for them in the coming months. The panel will also address the implications of Brexit on the UPC. The panel will offer best practices for preparing for the new patent system in Europe.

Description

Europe is establishing a new centralized patent court system, the UPC, intended to simplify patent litigation throughout much of the EU. Despite the numerous twists and turns, the UPC is now finally expected to go ahead. However, the new forum is not without concerns. Companies operating or planning to do business in Europe need to consider several factors as they navigate the new system.

On Sept. 27, 2021, Germany deposited the ratification of the Protocol on Privileges and Immunities, which confers legal status on the UPC and provides for the privileges and immunities of the court, its judges, and staff. This Protocol went into effect on Oct. 27, 2021. Germany also deposited its ratification of the Protocol on Provisional Application. This was followed by Slovenia, and most recently Austria have confirmed their agreement. This Protocol allows some parts of the UPC Agreement and the UPC Statute to be applied provisionally and is required to prepare the functioning of the UPC.

The UPC will allow coordination of strategy and procedures and provide broader enforcement across the EU in a single action. However, for many, the potential reduction in costs could be offset by the substantial risk of a single central revocation action also with effect across the EU. Companies and their counsel must understand the benefits and risks of the Unitary Patent and the UPC. Now is the time to prepare.

Listen as our authoritative panel of IP attorneys examines the UPC and the recently approved protocols associated with the UPC. The panel will discuss the key changes so that counsel can prepare for them in the coming months. The panel will also address the implications of Brexit on the UPC. The panel will offer best practices for preparing for the new patent system in Europe.

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Outline

  1. UPC protocols
    1. Privileges and immunities
    2. Provisional applications
  2. Implications of Brexit on the UPC
  3. Strategic considerations for U.S. applicants and patentees with European portfolios
  4. Preparing for the new system

Benefits

The panel will review these and other vital issues:

  • What are the benefits and risks of the UPC?
  • What role do the Protocols play in moving the UPC forward?
  • What key considerations should companies and their counsel keep in mind as they navigate the new system?
  • What steps should patent counsel take to prepare for the UPC system?
  • How do UPC revocation actions compare to EPO Oppositions

Faculty

Fox, Nicholas
Nicholas Fox

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Fox practices intellectual property law with a focus on electronics, telecoms, and software patent litigation. In...  |  Read More

Pors, Wouter
Wouter Pors

Partner
Bird & Bird

Mr. Pors is head of the firm’s Intellectual Property Practice in the Netherlands, based in The Hague. He is also...  |  Read More

Wall, Leythem
Leythem A. Wall

Director, European and UK Patent Attorney
Oxon IP

Mr. Wall is a European and UK patent attorney and litigator specializing in the chemical, consumer products, energy,...  |  Read More

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