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Progress on the Unitary Patent

Progress on the Unitary Patent

Progress on the Unitary Patent

12.08.2015 BE law

On 10 July 2015, the Preparatory Committee (which handles all the subsidiary issues arising from the creation of the Unified Patent Court (“UPC”), such as HR or IT management) met to discuss the last (18th) draft of the Rules of Procedure for the UPC. They are expected to reach an agreement on a final set of Rules in October 2015.

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The draft Protocol on Provisional Application of parts of the Agreement on a Unified Patent Court was also on the agenda as well as the salary package of the judges, the privileges and immunities of the UPC and the division of costs and responsibilities. The next meeting is scheduled on 3 September 2015.

The Select Committee (which supervises the European Patent Office’s (“EPO”) activities in the context of the Unitary Patent) has also adopted, in June of this year, the “True top 4 proposal for a set of uniform renewal fees” and is expected to render a final decision on the draft Rules relating to fees in Autumn 2015.

Concerning the setting up of the Unified Patent Court, significant progress has already been made: several signatory states, such as Italy, the UK and the Netherlands, are making arrangements for the creation of local divisions in their respective country, Portugal has ratified the Agreement on the Unified Patent Court and Germany and the UK (two of the “mandatory states” for the entry into force of the Unitary Patent) are on their way to do so,  probably in the second half of 2015 for Germany and by spring 2016 for the UK.

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