Programme Unitary Patent Package 2017
For you as a patent expert, the new unitary patent package will have deep impact on your strategy of Patents in Europe. The new system will be up and running in 2017, expecting in May 2017.
Although many aspects are getting clear on the Unitary Patent and the Unified Patent Court, but there are still a lot of questions open.
In our research under the participants and speakers of the last Unitary Patent Package Conference the following important themes were mentioned and are probably part of het programme of Unitary Patent Package 2017:
- Brexit and what are the consequences for the UPC?
- The divisions, languages and related ROP Rules
- How will Unitary Patent/Unified Patent Court impact licence agreements. When would it be advisable to negotiate a side agreement to existing license agreements?
- Opt-out. Now that the opt out fee is gone, does that mean we are all going to opt-out everything? What are valid reasons not to opt-out your patents?
- When will a unitary patent be more economical? The renewal fee is about the same as 4 current renewal fees. But this leaves overhead out of the picture. What does the real computation look like, if you take into account overhead?
- Offer to license. If you offer a license you get a 15% discount on renewals. I really need to know if I should you advise your clients to do this? What are they getting into if they make this offer? Can they still select clients etc
- What is the difference in scope between a unitary patent and a regular EP patent? What is the situation with respect to prior use, exhaustion, indirect infringement, legal expectations etc
- The recruitment and training processes for the judges are underway. It would be of great interest to learn about how many applications for judges thee were, the skills of the persons involved, and the process of being selected. It would also be interesting to learn about the progress and facilities in the respective court locations. This is to assess the level confidence in the system for the “users”.
- Update on provisional applications of UPCA: Court system final organizations/rules and possible start of actual operations
- Final arrangements for requesting UPP, functioning/operations of UPP Register (EPO side)
Chairmans UPP 2017
Chairman day 2 | Wouter Pors
Partner, Bird & Bird