UNIFIED PATENT COURT (UPC)
Bridging the Gap between the US and EU
On 1 June 2023, the Unitary Patent and Unified Patent Court (UPC) began. Although early, the UPC looks to be travelling along the path of a successful launch. US businesses would do well to adjust to this new and important judiciary.
The EU has supported the strengthening of European IP rights for years. It strengthened trademarks, design, trade secrets and data rights. The crown jewel of its efforts will be the Unified Patent Court (UPC). That court is the core of a new patent system and is designed to position the EU as a world leader in the critical matter of patent law.
The Unified Patent Court will be the most significant development in patent law in a generation. This new court has complexities and involves novel legal issues absent from the current system of European patent litigation. Boston & Galway, LLC is committed to helping US law firms and US Companies understand this new European Patent Court and to succeed during proceedings before the court.
We have an office in Europe and an Office in the United States. Our extensive work in both jurisdictions has provided a framework to help secure patent rights that can meet the requirements of US and European Patent Law. We work with clients from various industries, including High Tech and Medical Devices.
Boston & Galway, LLC is ready to assist you with developing your strategy for successfully protecting your research and development efforts.
Europe’s new Unitary Patent System is reshaping patent litigation and economics. It eliminates the need for parallel European litigations, allowing companies to pick just one litigation team for its dispute. The way it is reshaping patent prosecution is increasing the value of patent work.
The system is made up of over 24 countries in the European Union. The UPC just hears patent disputes about EPO patents, shortening cases to 12 month and simplifying them to a single hearing. Each case is appointed a panel of 3-4 judges depending on need, with options for appeal. Judges of the UPC, each serve a 6-year term—eliminating lifelong appointments. Briefs are also now exchanged online, further simplifying the patent process.
To learn more about the how the system operates and familiarize yourself with the relevant jargon and information, please read our article.
UNITARY PATENT SYSTEM FOR US COMPANIES
Early Stage US Companies
A.I. Life Science and Med Tech
The European Patent Office is willing to grant patents in the area of AI, Diagnostics, and Medical Devices. Let us discuss with you the benefits of securing rights in the EU by way of the EPO.
Financial Accessibility
Over the last two decades, the US has chosen to move away from granting strong patent rights. In contrast, the EU is strengthening IP rights to encourage development of early stage EU companies. To this end, the EU is remaking EU patent Law. US companies can benefit from these EU efforts. Let us sit down with you and look over your IP protection plan.
Patent litigation in the U.S. is the "sport of kings". For years now the cost of US patent litigation has made enforcing a patent right, even for a clear case, economically impossible. And your competitors know this. Patent enforcement is now an affordable option. Let us sit down with you to discuss the benefit that an affordable patent court can have on your business plan.
EPO OPPOSITION PRACTICE FOR US ATTORNEYS
We can help you monitor competitor patents at the EPO and identify those patents that are to be reviewed for possible opposition and help you evaluate your chances of winning at opposition.
For information about our monitoring services for monitoring EPO patents of competitors,
CONTACT US
US businesses and attorneys expect patent litigation to include a "patent office option" where a trial or proceeding at a patent office will sort out whether a patent was improperly granted by that office. In the US, USPTO PTAB trials have become "go-to" proceedings for careful review of patent validity. It is an option our clients expect to be available.
EPO Opposition is the closest thing that Europe offers to a PTAB IPR or PGR validity trials. It has operated for decades and each year the EPO hears more than twice as many opposition challenges as the PTAB hears IPRs and PGRs.
The UPC will increase the value and strength of patents granted from the EPO. The UPC also increases the importance of filing and winning EPO oppositions. US litigators will need to understand and leverage EPO opposition so that US companies can access these proceedings and successfully attack or defend granted patents.
Additionally, understanding EPO opposition will help with UPC actions as Rule 295 of the UPC Rules of Procedure allows for the UPC to stay proceedings when the action before the UPC relates to a patent that is subject to an EPO opposition.
JUDGES OF THE UPC
The Unified Patent Court has confirmed the appointment of a total of 85 judges. Thirty-four (34) are legally qualified judges and fifty-one (51) are technically qualified judges.
The Court will be led by Mr. Klaus Grabinski (DE), as President of the Court of Appeal, and Ms. Florence Butin (FR), as President of the Court of First Instance. In addition, Ms. Rian Kalden has been elected as Presiding judge of the second panel of the Court of Appeal.
Our thanks to Mathias Karlhuber for noting to us these appointments.
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Ms. Rian Kalden (NL)
Ms. Ingeborg Simonsson (SE)
Ms. Camille Lignieres (FR)
Mr. Ronny Thomas (DE)
Mr. Peter Tochtermann (DE)
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Mr. Klaus Grabinski (DE)
Ms. Françoise Barutel (FR)
Mr. Peter Blok (NL)
Ms. Emanuela Germano (IT)
Ms. Rian Kalden (NL)
Ms. Patricia Rombach (DE)
Ms. Ingeborg Simonsson (SE)
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Seat of the central division in Paris:
Ms. Florence Butin (FR)
Mr. Paolo Catallozzi (IT)
Mr. Maximilian Haedicke (DE)
Ms. Tatyana Zhilova (BG)
With a post to be filled before start of Court’s operations
Section of the central division in Munich:
Ms. Mélanie Bessaud (FR)
Ms. Ulrike Voß (DE)
With a post to be filled before start of Court’s operations
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Vienna:
Mr. Walter Schober (AT)
Brussels:
Mr. Samuel Granata (BE)
Copenhagen:
Post to be filled before start of Court’s operation (DK)
Helsinki:
Mr. Petri Rinkinen (FI)
Paris:
Ms. Carine Gillet (FR)
Ms. Camille Lignieres (FR)
Düsseldorf:
Ms. Bérénice Thom (DE)
Mr. Ronny Thomas (DE)
Hamburg:
Ms. Sabine Klepsch (DE)
Mr. Stefan Schilling (DE)
Mannheim:
Mr. Holger Kircher (DE)
Mr. Peter Tochtermann (DE)
Munich:
Mr. Tobias Pichlmaier (DE)
Mr. Matthias Zigann (DE)
Milan:
Mr. Pierluigi Perrotti (IT)
Ms. Alima Zana (IT)
The Hague:
Mr. Edger Brinkman (NL)
Ms. Margot Kokke (NL)
Lisbon:
Ms. Rute Lopes (PT)
Ljubljana:
Ms. Mojca Mlakar (SI)
Nordic-Baltic Regional Division (EE, LT, LV, SE):
Ms. Kai Härmand (EE)
Mr. Stefan Johansson (SE)
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Biotechnology:
Mr. Arwed Andreas Burrichter (DE)
Mr. Eric Enderlin (FR)
Mr. Paolo Gerli (IT)
Mr. Krister Karlsson (FI)
Mr. András Kupecz (NL)
Mr. Roman Maksymiw (DE)
Mr. Cornelis Schüller (NL)
Chemistry and Pharmaceutics:
Mr. Michael Alt (DE)
Ms. Kirsikka Etuaho (FI)
Mr. Renaud Fulconis (FR)
Mr. John Meidahl Petresen (DK)
Ms. Stefanie Parchmann (DE)
Ms. Laure Sarlin (FR)
Mr. Casper Struve (DK)
Mr. Steen Wadskov-Hansen (DK)
Ms. Carola Wagner (DE)
Electricity:
Mr. Pascal Attali (FR)
Mr. Eric Augarde (FR)
Mr. Bertrand Cochet (FR)
Mr. Grégoire Desrousseaux (FR)
Mr. Alain Dumont (BE)
Mr. Dennis Kretschmann (DE)
Mr. Alessandro Sanchini (IT)
Mr. Andrea Scilletta (IT)
Mr. Simon Walker (FI)
Mechanical Engineering:
Mr. Michel Abello (FR)
Mr. Uwe Ausfelder (DE)
Mr. Koen Callewaert (BE)
Mr. Giorgio Checcacci (IT)
Mr. Paolo Ernesto Crippa (IT)
Mr. Claus Elmeros (DK)
Mr. Frédéric Gaillarde (FR)
Mr. Bernard Christiaan Ledeboer (NL)
Ms. Elisabetta Papa (IT)
Mr. Martin Schmidt (FR/DE)
Mr. Uwe Schwengelbeck (DE)
Mr. Max Tilmann (DE)
Ms. Marie-Paule Vandeberg (BE)
Mr. Patrice Vidon (FR)
Mr. Pascal Lucien Pierre Weber (FR)
Mr. Stefan Wilhelm (DE)
Physics:
Mr. Michael Feuchaus (DE)
Mr. Anders Max Hansson (DE)
Ms. Ulrike Keltsch (DE)
Mr. Gérard Myon (FR)
Ms. Dörte Otten-Dünnweber (DE)
Mr. Andrea Perronace (IT)
Mr. Christoph Dominik Schober (DE)
Mr. Patrik Rydman (SE)
UPC UPDATES
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