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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 ...
With the entry into force of the Unified Patent Court Agreement, patent proprietors also have the possibility to request unitary effect for European patents: which means that the European patent after grant will be regarded a single undividable patent for those EU countries that participate. For the latter patents, the Unified Patent Court will ...
European patents are granted by the European Patent Office (EPO) under the legal provisions of the European Patent Convention (EPC). 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).
A characteristic of European patent law as it stands today is that European patents granted by the European Patent Office (EPO), and patents granted by national patent offices are available, [3] and may possibly –if permitted by national law and, if so, to the extent permitted by national law [4] – co-exist within a given jurisdiction.
The Guidelines for Examination in the European Patent Office (or, for short, the EPO Guidelines) are general instructions, for the examiners working at the European Patent Office (EPO) as well as for the parties interacting with the EPO, [notes 1] on the practice and procedure at the EPO in the various aspects of the prosecution of European patent applications and European patents.
The European patent system offers the home of the world patent system. Venice in 1474 [1] and the British Monopoly Law in 1623, [2] contributed to the earliest patent system. . The development of the European patent system stands for the pioneer and epitome of the evolution of the international patent system; it is the ultimate goal to establish a globalized unified (single) patent syst
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. [2]
The European Round Table on Patent Practice (EUROTAB) is described as "a pan-European group consisting of lawyers (including European Patent Office (EPO) staff, and Commission, national patent offices) in the patent field", [1] or a body where the national patent offices of the Contracting States of the European Patent Convention (EPC) and the European Patent Office come together to discuss ...