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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 ...
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.
In January 2013, Unified signed its first member. [11] Since 2012, Unified has grown to more than 60 members including NetApp and Google. [12] [13] Unified Patents filed its first IPR against Clouding IP's patent 6,738,799. [14] Since then Unified has filed several IPRs against patent trolls (e.g. against PersonalWeb regarding patent 5,978,791 ...
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 .
By the end of 2012 a new compromise was reached between the European Parliament and the European Council, including a limited role for the European Court of Justice. The Unified Court will apply the Unified Patent Court Agreement, which is considered national patent law from an EU law point of view, but still is equal for each participant. [40]
11° The State may ratify the Agreement on a Unified Patent Court done at Brussels on the 19th day of February 2013. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Agreement or prevents laws enacted, acts done or measures adopted by bodies competent under that Agreement from ...
Unified Patent Court's opt-out provisions This page was last edited on 2 April 2023, at 17:19 (UTC). Text is available under the Creative Commons Attribution ...
A referendum on joining the Unified Patent Court was held in Denmark on 25 May 2014 alongside European Parliament elections. [1] The referendum was approved with 62.5% of the vote, enabling the government to proceed with the ratification of the Agreement on a Unified Patent Court, which constitutes the legal basis for the Unified Patent Court. [2]