Analysis and guidance

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Claim construction at the UPC

For a European patent to be granted, the claims must be “clear and concise”. However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity proceedings. In these cases, the scope of the c...

Terminology at the Unified Patent Court

The UPC is a new legal system, and it is not to be expected that its terminology should follow any single national system. When we look at the UPC Agreement itself, and the Rules of Procedure and the Case Management System, some issues of terminology a...

UPCA - Harmonisation of Infringement

Over a decade ago, in 2013, when I was writing for the IPKat, I wrote a post opining that the UPC Agreement should produce a harmonisation of the substantive law of patent infringement across Europe[1], on the basis that, ostensibly: 1) Articles 25-2...

The UPC: I've done nothing about it - will it be okay?

Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC. Lodging an opt_out request before 1st June 2023 ensured that you ha...

EIP Amar webinar - Prepare for the UP and UPC

On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent Court. You can listen to the webinar here.