Pharmaceutical Licensing Group is holding a webinar on 27th April, where HGF Partner & Head of Law Rachel Fetches and Legal Director Michelle Davies will present on The Unitary Patent and Unified Patent Court.
The patent landscape in the EU is on the brink of the most significant change in a generation and the Unified Patent Court (UPC) and a new "unitary patent" or "European patent with unitary effect" (UP) will soon become a reality.
This seminar will provide an update on progress, an overview of the associated pros and cons of the new system and discuss the contractual implications for patents which are licensed-in, licensed-out or jointly owned with third parties. Who decides whether to opt-out a patent? Do all co-owners have to agree? How do you ensure the opt-out is valid? Who decides whether to designate a UP? How could the applicable law impact on a UP? Who has the right to initiate litigation in the UPC?... are just a few of the questions we will cover during the seminar alongside some more practical guidance on what patentees and SPC holders should be doing now and looking out for.
The UPC will have an impact upon ownership, prosecution, enforcement and licensing of European patents and Supplementary patent certificates across at least 17 EU Member States (including Germany, France, Italy and The Netherlands) and as the Provisional Phase of the UPC is now live, a potential start date may be as early as 1 September 2022.
The new system has many advantages but does include some risks which some patentees may prefer to avoid, at least for the moment. Those patentees who wish to take their existing European patents outside the UPC's jurisdiction, will need to be ready to apply to opt-out, possibly from early summer 2022. Equally those who wish to take advantage of the multi-jurisdictional UP designation and the possible cost savings associated with this new patent right, will also be able to take advantage of Sunrise schemes which will lead to grant of a UP shortly after the UPC goes live.
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