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Unified Patent Court

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The introduction of the Unitary Patent (UP) and Unified Patent Court (UPC) is one of the most significant IP developments in Europe for decades.  These two new pillars of patent law and practice came into effect on 1 June 2023, following the conclusion of the 3 month sunrise period.  

At CMS, we are well-prepared for the UPC's arrival, boasting a team of qualified attorneys in the UK who can represent clients before the court. Leveraging the collective experience and support of our litigators across Europe, including the UK, we can navigate the evolving landscape of the UPC and provide comprehensive patent strategy tailored to our clients' needs. The distinctive cooperation between our market leading patent attorney and litigation teams allows CMS to provide both ‘litigation ready’ patents and also litigation strategies bespoke to our clients.

To ensure we stay at the forefront of the UPC system, we have established a pan-European UPC Insight Group, consisting of experts from countries such as the UK, France, the Netherlands, and Germany. This group has launched a dedicated ‘UPC Insight’ section on our website, serving as an extensive resource for information on the new system. Few firms will be able to provide such detailed commentary and insight, with wide-ranging input from European patent attorneys with significant EPO opposition experience, which is likely to strongly influence the UPC system, as well as national litigators from across Europe with experience of the national courts where the UPC will have regional or central divisions.

Rather than viewing the UPC as a standalone system, we encourage our clients to consider its interplay with national patents and national litigation. Understanding how these elements can complement and strengthen a client's patent position is key. CMS can guide clients in utilising both the UPC and national systems as strategic litigation tools, ensuring a robust patent strategy.

CMS is distinctive in being able to guide clients in this way through our significant patent attorney team, UK litigation team, and other patent litigators in all major European jurisdictions. By consultation with our team of experts who can apply years of experience at the EPO and in the national court systems, we can assist in clients evaluating the options for strategically using new system, or not.  

You can find out more about patent attorneys at CMS below:

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Patent Litigation & Arbitration
There is a growing uptake in the use of arbitration in the context of patent disputes, in particular those relating to Standard Essential Patents (SEP
Unified Patent Court
Insight
European Unitary Patent and Unified Patent Court
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18/05/2023
In View: The Unified Patents Court and the Unitary Patent – are you ready?
CMS are delighted to invite you to the next instalment of our Life Sciences & Healthcare update webinar, where experts from across the firm will discuss key industry topics impacting, innovating and disrupting...
21/02/2023
Unified Patent Court (UPC) News: countdown begins 17 February 2023
The UPC website has reported that Germany has deposited its ratification of the UPC Agreement, starting the formal countdown process to the initiation of the sunrise period on 1 March (for opting out...
23/11/2022
EPO President decides future format of oral proceedings in opposition
As the pilot project for oral proceedings in opposition by video conference (VICO) draws to a close, the EPO President has carefully evaluated its conclusions as well as the feedback from the numerous...
15/11/2022
EPO sets start of UP and UPC related transitional measures to 1 January...
Aligning with the recently published implementation roadmap published by the Unified Patent Court (UPC), the EPO has decided to adjust the starting date of its transitional measures to 1 January 2023...