A Practitioner's Guide to the Unified Patent Court and Unitary Patent 2nd ed

Author: Paul England
Publisher: Hart Publishing
ISBN: 9781509979677

Previous Edition ISBN: 9781849467827
Published In: May 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book provides practical and detailed account of all procedural aspects of the Unified Patent Court and Unitary Patent system.

The book also explains how the UPC works in the context of the wider European patent system, particularly the EPO and the UK. It considers how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:

The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings
Rules on competence, substantive law, jurisdiction, language and judges
The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings

NEW TO THE 2ND EDITION:

Additional chapters on the impact of the UPC and Unitary Patent on managing licences, and on confidentiality; coverage of the latest UPC guidance; references and case notes on every significant procedural case from the UPC divisions and the Court of Appeal; and coverage of every Rule of the Rules of Procedure.

The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies points of interpretation. A must read for private practitioners and in-house counsel.

Introduction

Part I: The Structure and Application of the New System

1. The Unitary Patent

2. The Opt-out and Transitional Regime

3. Managing Licences of European and Unitary Patents

4. Structure, Context and Competence

5. Making Orders and Decisions

6. Sources of Law

7. Language

8. UPC Jurisdiction

9. Parallel Proceedings in the Contracting Member State Courts and the UPC

10. Parallel Proceedings with the EPO, and England and Wales