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27 publications

Entry into force of the european patent with unitary effect: review your contracts!

By Frédérique DURIEUX and Franck DELAMER
The European patent with unitary effect and the Unified Patent Court (UPC) will soon come into force. Before requesting unitary effect or opting out of the exclusive jurisdiction of the Unified Patent Court for a European patent which does not have unitary effect, patent owners will need to be aware of their obligations under existing contracts and, if necessary, adjust them.
Published on: 27th Jun 2022

Whether or not to opt out of the competence of the unified patent court: another issue for european patent owners

Par Frédérique DURIEUX et Stéphanie MASSIN CELAIRE, French and European Patent Attorneys
DURIEUX_CELAIRE.png The Unified Patent Court will have exclusive competence for all European patents, as well as for supplementary protection certificates (SPCs) granted for a product protected by a European patent. If this exclusive competence is obligatory for European patents with unitary effect, it will be possible, during a transitional period, to opt out of the UPC’s exclusive competence for European patents not benefiting from the unitary effect. European patent owners should therefore start thinking about their opt-out strategy now.
Published on: 21th April 2022

European patent with unitary effect: soon it will be time to choose !

By Frédérique DURIEUX and Stéphanie CELAIRE, French & European Patent Attorneys
DURIEUX_CELAIRE.png The European patent with unitary effect will come into force in a few months. Now is therefore time for applicants for European patents to define their strategy.
Published on: 1st March 2022

The European Patent with Unitary Effect and the Unified Patent Court will come into being in 2022

By Stéphanie MASSIN CELAIRE, Partner
Celaire_search.jpg It's been a long and bumpy road, but here we are! The provisional application protocol (PAP) enters into force today. During this period of provisional application, which is expected to last about 8 months, the Preparatory Committee will set up the administrative bodies of the Unified Patent Court (UPC). In particular, the Preparatory Committee will recruit the judges.
Published on: 19th Jan 2022

European patents with unitary effect | Unified Patent Court: Toward a start in the first half 2022?

By Jean-Robert CALLON DE LAMARCK, Managing Partner
CALLON_SEARCH.jpg A few days ago (decision of June 23, 2021, published on July 9), the German Constitutional Court rejected two preliminary injunctions which had been filed against a new act of approval voted by Parliament, on the grounds that the plaintiffs did not demonstrate the violation of their fundamental interests.
Published on: 12th Jul 2021

Unified Patent Court - the German federal Constitutional court has finally issued its decision regarding the ratification process in Germany

By Sylvain THIVILLIER Partner and French & European Patent Attorney and Henri BOURGEOIS, French & European Patent Attorney.
On Friday March 20, 2020, the German Federal Constitutional Court issued its decision relating to the appeal filed against the German Act of Approval of the Unified Patent Court (“UPC”), and ruled that the vote at the German Parliament in favour of the ratification was not valid.
Published on: 23th March 2020

European Patent Office : Patentability of inventions involving Artificial Intelligence

By Matthieu OBJOIS, Senior Associate.
OBJOIS_SEARCH.jpg By decision of the President of the European Patent Office (EPO) dated 25 July 2018 and pursuant to Article 10(2) EPC, the Guidelines for Examination have been amended in accordance with the policy of the EPO which provides for their revision on an annual basis. These Guidelines indicate the practices and procedures to be followed by both Applicants and Examiners, and are a useful tool for monitoring the evolution of EPO policy.
Published on: 4th Oct 2018


Protection of Trade Secrets : Law No. 2018-670 of July 30th, 2018

By Christian Texier, Partner.
C.Texier 65x65.jpg Law No. 2018-670 of July 30th on the “Protection of Trade Secrets” was published in the Official Gazette, No. 0174 on July 31st 2018.
Published on: 25th Sept 2018

Proposal from the European parliament and council on copyright for a directive in the single digital market. Rejection or substantive debate coming?

By Christian TEXIER, Partner.
C.Texier 65x65.jpg It has been widely reported in the press in recent weeks that a proposal for a European Copyright Directive was rejected by the European Parliament on July 5th, 2018. What does this mean exactly?
Published on: 25th Sept 2018

Disclaimers at the EPO: an update with decision G1/16

By Jérôme COLLIN, Partner
Collin_search.jpg On December 18, 2017, the Enlarged Board of Appeal published decision G1/16 on the allowability of disclaimers. This decision clarifies the requirements for allowing a so-called ‘undisclosed’ disclaimer at the European Patent Office. This article will provide a reminder of the background behind decision G/16, present the content of the decision and draw conclusions on the practice of disclaimers at the EPO.
Published on: 24th Jul 2018

Validation of European patents in Cambodge

An agreement allowing the validation of European patents for Cambodia entered into force on March 1, 2018, allowing inventors and companies filing an application for European patent, to ask for Cambodia validation.
Published on: 19th March 2018

Some news from this summer regarding the agreement on the unitary patent court

After Estonia on August 1st, 2017, Lithuania has ratified the agreement on the unitary patent court on August 24...
Published on: 5th Sept 2017

The European Patent Office has Published the “Unitary Patent Guide”

By Stéphanie CELAIRE, Partner
Celaire_search.jpg The European Patent Office (EPO) has published the 1st edition of the "Unitary Patent Guide." This guide outlines the texts concerning applications for European patents with unitary effect, annual fees, entries in the Register for Unitary Patent Protection, languages and remedies in the event that the unitary effect is rejected. It also details the practical means by which these procedures will be handled by the EPO on the basis of the rules relating to Unitary Patent Protection (UPR).
Published on: 23th Aug 2017

Unified Patent Court: Ratification by Italy, entry into force for the end of 2017 ?

by Sylvain THIVILLIER, Head of the Munich Office
v5570- Sylvain THIVILLIER.jpg On February 10, 2017, Italy became the 12th member state ratifying the International Agreement on a Unified Patent Court (UPC). Italy, who had initially expressed reservations regarding the project of a new European system for patents, composed of the Unitary Patent (UP) and the Unified Patent Court (UPC), now gives a strong message in ratifying the UPC agreement and we hope that this is an optimistic sign for a rapid entry into force of the UP and UPC
Published on: 14th Feb 2017

European Patents soon to be valid in Cambodia!

by Julie TOUEG, French Patent Attorney
Toueg_search.jpg Following last year’s accession to the PCT (effective as of 8th December 2016), on 23rd January 2017 Cambodia signed an agreement with the EPO to extend the validity of European patents to Cambodia, upon request of the applicant.
Published on: 6th Feb 2017

Book: Unitary Patent and the Unified Patent Court (French only)

​The Patent system in Europe will undergo major changes with the upcoming entry into force of the agreements establishing the Unified Patent Court and the Unitary Patent. Download the outline (french only) or order the book on the link below.
Published on: 24th Jan 2017

The European Patent Office Clarifies the Standard for Partial Priority

by Jérôme COLLIN, Partner
Collin_search.jpg In case G1/15 the Enlarged Board of Appeals of the European Patent Office has just released the order of its decision as follows: “Under the EPC, entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of one or more generic expressions or otherwise (generic “OR”-claim) provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. No other substantive conditions or limitations apply in this respect.”
Published on: 1st Dec 2016

Modification of the Terms for Refunding the Examination Fee of a European Patent Application

by Julie TOUEG, IP Attorney
TOUEG.jpg A decision of the Administrative Council of the European Patent Organisation relating to the refund of the examination fee, of 29 June 2016, amends Article 11 of the Rules Relating to Fees (RRF).
Published on: 26th Aug 2016

First Remarks as to the Implications on Intellectual Property Following the BREXIT vote of 24 June

This morning, Friday 24 June 2016, the British referendum result in favour of BREXIT was announced, meaning the United Kingdom has voted to leave of the European Union. What will be the initial consequences in the intellectual property field?
Published on: 24th Jun 2016

Unified Patent Court: No Opt-Out Fee!

by Sylvain THIVILLIER, Head of the Munich Office
v5570- Sylvain THIVILLIER.jpg On 24 and 25 February 2016, the Preparatory Committee for the UPC met and agreed on a text stating the “Rules on Court fees and recoverable costs” linked to the UPC, in which it should be noted that the official fee for opting out of the exclusive jurisdiction of the UPC has been removed.
Published on: 2nd March 2016

Is 2016 the final stretch before the entry in force of the Unitary Patent and the Unified Patent Court?

By Christian TEXIER, Partner, and Sylvain THIVILLIER, Head of the Munich Office
TEXIER THIVILLIER.JPG The reference texts defining the Unitary Patent and the Unified Patent Court allow us already to identify certain general principles for these systems. During the last 2 years, the Preparatory Committee of the UPC has done tremendous work to draft the rules of implementation for these new systems, rules which should be adopted in the following (next few?) months.
Published on: 9th Feb 2016

Amendments Before the European Patent Office

by Sylvain THIVILLIER, European and French Patent Attorney
v5570- Sylvain THIVILLIER.jpg The possibility of amending a patent application has been enshrined in the European Patent Convention (EPC) as a right given to any applicant. The EPC however also provides safeguards to preserve the rights of third parties. This paper aims at explaining how the safeguard provided by Article 123(2) EPC is applied at the European Patent Office (EPO).
Published on: 19th March 2015

Validation of European Patents in Morocco

By Christian TEXIER, Partner
C.Texier 65x65.jpg For European and International (PCT) patent applications filed on or after 1 March 2015 the option to validate in Morocco will be available, thus obtaining protection in that territory.
Published on: 12th March 2015

Filing of Divisional Applications : Amendement of the implementing regulations to the Europaen Patent Convention

By Frédérique DURIEUX, French and European Patent Attorney
v4255-Frédérique DURIEUX-RIVAS.jpg The Administrative Council of the European Patent Office has just adopted an amendment of the requirements for the filing of divisional applications.
Published on: 5th Nov 2013

Unitary Patent and Unified Patent Court : Europe adopts two new tools for innovation

By Christian TEXIER, Partner
C.Texier 65x65.jpg The Council of the European Union adopted Monday December 17 2012, two regulations relating to the creation of unitary patent protection and its translation arrangements.
Published on: 18th Dec 2012

The French Supreme Court and the Secrets of the London Agreement

By Jean-Robert CALLON DE LAMARCK, Partner
J.R.Callon 65x65.jpg Commentary on the Judgement of the French Court of Cassation dated 2 November 2011
Published on: 2nd Nov 2011

The European Patent is doing well… and the draft of the “Unitary” Patent is going forward…

By Frédérique FAIVRE PETIT, Partner, European and French Patent Attorney - Cabinet REGIMBEAU
vignette F.FAIVRE-PETIT (3).jpg In 2010, the number of European patent applications reached the highest level in the Office’s 34 year history, with some 235 000 filings representing an 11% increase on patent applications filed in 2009.
Published on: 27th April 2011