European Patent Litigators Association

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New test phase for the UPC’s CMS

New test phase for the UPC’s Case Management System with strong authentication. From 13 to 24 February 2023, external users will be able to try out the sunrise functionalities of the UPC’s CMS, such as for example registering an opt-out for a European patent. During this period, the much discussed and anxiously anticipated strong authentication will be activated. This means that users will first...

EPO takes next major step towards the Unitary Patent – new forms publicly released

EPO takes next major step towards the Unitary Patent – new forms publicly released During the final pre-Christmas week, the European Patent Office (EPO) took the next major step in its preparation for the upcoming Unitary Patent. Despite the latest postponement concerning the Unified Patent Court (UPC) by two months until June 1, 2023, the EPO has recently announced (see OJ 2022, A99-A110) that...

UPC Start Date Postponed By 2 Months

The UPC Administrative Committee has decided to adjust the start date of the Sunrise Period. This will now begin 1 March 2023, with the UPC then opening its doors on 1 June 2023. This step has been taken to allow users more time to familiarise themselves with the authentication requirements for accessing the UPC Case Management System (CMS). The UPC announcement can be viewed here An updated list...

The wrangling over the conduct of oral proceedings at the European Patent Office has come to an end!

For a long time, it was discussed in legal circles whether oral proceedings should be held primarily in the physical presence of the party representatives, as in the pre-Corona period, or, as the Corona pandemic forced upon us, with virtual presence via video conference, as was customary during the pilot project set up by the EPO for this purpose. The pros and cons were obvious: in physical...

UPC publishes list of appointed judges

Yesterday, the Unified Patent Court has published the list of judges that have been appointed to take up duties as soon as the Court becomes operational, which is now expected to be on 1 April 2023. The list contains a total of 85 judges. There are 34 legally qualified judges, among whom 27 are appointed to the Court of First Instance (distributed over the central, local and regional divisions)...

EPLIT admitted as Observer before the Administrative Committee of the UPC

Last week, on July 8th 2022, the Administrative Committee (AC) of the Unified Patent Court (UPC) had its 2nd meeting in Luxembourg. We are pleased to report that the AC decided in favour of EPLIT becoming an observer of the UPC’s AC. During the meeting, EPLIT, in the form of our president Leythem Wall, was already able to provide comments on the latest draft of the Rules of Procedure (RoP) of the...

António Campinos reappointed President of the European Patent Office

The member states of the European Patent Organisation (29 June 2022) have voted for another five-year term in office for the President of the European Patent Office (EPO), António Campinos, commencing 1 July 2023. António Campinos was appointed as EPO President on 1 July 2018. Under his leadership the EPO launched its Strategic Plan 2023 in 2019, focusing on sustainability and delivering the...

CJEU – C-44/21 Preliminary Injunction

The reluctance of German Patent Infringement Courts to issue interlocutory injunctions on the basis of patents “merely” examined by a Patent Office may belong to the past: The CJEU in case C-44/21 ruled on 28th April 2022 that Article 9(1) of the Enforcement Directive (Directive 2004/48/EC of the European Parliament and of the Council dated 29 April 2004) precludes national case-law under which...

Amicus Brief on plausibility – G2/21

Please find here the amicus curiae brief submitted 26 April 2022 by EPLIT in respect of EPO Enlarged Board of Appeal pending case G2/21 – “Plausibility”. The referring Board of Appeal’s decision can be found here

The UPC Provisional Application Period Enters Into Force

Austria has completed the ratification of the ‘provisional protocol’ for the Unified Patent Court Agreement. This has initiated the startup phase of the Unified Patent Court. If this startup phase proceeds as planned and clears a last safety catch, the Unified Patent Court may open its doors by early 2023. On 19 January 2022 the Protocol to the Agreement on a Unified Patent Court on provisional...

Article Virtual hearings: Legality goes online in WIPR

EPO VICO Proceedings – EPLIT Interview with World Intellectual Property Review (WIPR) In light of the recent referral to the EPO Enlarged Board of Appeal on videoconference Oral Proceedings, EPLIT President Leythem Wall has been interviewed by World Intellectual Property Review (WIPR) on his and EPLIT’s views. Particular reference is made to the results of the survey that EPLIT conducted in...

European Patent Litigators Association