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The Unified Patent Court (UPC) is a common supranational [2] patent court of 18 member states of the European Union, [3] which opened on 1 June 2023. It hears cases regarding infringement and revocation proceedings of European patents (regular European patents unless they were opted out and unitary patents). A single court ruling is directly ...
Unified Patents seeks to deter patent trolls from asserting poor quality patents in certain technology zones through a number of strategies. Unified collects annual fees from its members to fund its activities. Small companies are not charged by Unified. [17] [18] Unified assesses the risk posed by NPEs by monitoring NPE assertions. [19] This ...
A patent court is a court specializing in patent law, or having substantially exclusive jurisdiction over patent law issues. In some systems, such courts also have jurisdiction over other areas of intellectual property law , such as copyright and trademark .
An opt-out most notably prevents a competitor from challenging the validity of the European patent centrally before the UPC (by filing an action for revocation before the UPC), thus allowing the proprietor to avoid putting all his eggs (i.e., all national parts of the European patent) in one basket.
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However, European patents are enforced at a national level, i.e. on a per-country basis, or, since June 1, 2023, before the Unified Patent Court (UPC). Under Article 64(3) EPC , "any infringement of a European patent shall be dealt with by national law," with the European Patent Office having no legal competence to deal with and to decide on ...
a Unified Patent Court (UPC) competent for the member states of the Unified Patent Court Agreement (UPCA). The enforcement of European patents is conducted and decided either at a national level, i.e. before national courts, [1] or at the UPC level, for European patents with unitary effect and European patents that have not been opted out.
The Agreement on the Unified Patent Court was signed in 2013 by Ireland and 25 EU member states. The Unified Patent Court started operations in 2023 for 17 EU members. The court settles disputes regarding European patents, including European patents with unitary effect. Entry into force of the agreement for Ireland would also mean that Ireland ...