Case Reports
UPC Case Reports
The UPC is now open!
01 June 2023
After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...
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The UPC: I've done nothing about it - will it be okay?
31 May 2023
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.
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The limits of an “opt-in” to the UPC – How and when can national actions block the way back to the UPC?
30 May 2023
Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...
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EIP Amar webinar - Prepare for the UP and UPC
16 May 2023
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...
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Geographic Scope of the UPC and Unitary Patent
22 February 2023
The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.
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The Unified Patent Court (UPC) will begin operations in Europe on 1 June
20 February 2023
Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...
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Information from the UPC Registry
01 December 2022
The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.
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Member States participating in UPC
23 August 2022
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...
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What is the Unitary Patent, and how do I get one?
09 June 2022
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.
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Unitary Patent and Unified Patent Court - finally happening?
24 September 2021
The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.
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Other Case Reports
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Hydrogen – an explosive gas or the future of green energy?
17 October 2023
The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP's Elements team,...
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Dame Elizabeth Anionwu, Black History Month 2023
16 October 2023
To celebrate Black History month and in keeping with the theme of ‘Saluting Our Sisters', I have chosen to write about a woman who has made enormous contributions in the field of healthcare.
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European Patent Office liberalises rules on priority
12 October 2023
The Enlarged Board of Appeal of the European Patent Office has issued its decision in the combined cases G1/22 and G2/22. With this decision, the likelihood that a priority claim is valid even where...
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Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
09 October 2023
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio's patent was found invalid for obviousness.
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Lonnie Johnson, Black History Month 2023
09 October 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker.
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Farewell to the 10 day rule
06 October 2023
From 1 November 2023, time limits that run from the notification of a communication by the EPO no longer will run from the date of the communication plus 10 days, but from the date that the...
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Remember to seriously consider Part 36 Offers!
06 October 2023
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice' was discussed.
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Alice H. Parker, Black History Month 2023
02 October 2023
As we move through October and temperatures begin to drop, many of us will be wrapping up, adding extra layers and switching on the heaters. Here's a woman that inspired many of the modern heating...
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Parties and their lawyers will have to reveal how the sausage is made.
18 September 2023
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness...
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Trade Secrets vs. Patents in the UK Space Sector
11 September 2023
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key...
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A Year in Patents - Part 3/4: The Procedures of International Patent Prosecution
05 September 2023
Dr Girish Nivarti joined EIP's London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney.
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#Barbenheimer: A Tale of Patents, Designs and Possibilities
15 August 2023
Introduction The Barbenheimer phenomenon has broken several box-office records. Barbie has made Greta Gerwig the first solo female director to produce a $1 billion dollar film, while Christopher...
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Cheers and confusion: General Court agrees that STONE and STONES are one and the same
14 August 2023
This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com.
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Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
09 August 2023
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus...
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Weathering IP challenges: how can patents help offshore wind innovators?
09 August 2023
Over the past few years, a worldwide patent dispute has been rumbling between two giants of the renewables sector, GE and Siemens Gamesa. Although that storm has now subsided, following the recent...
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