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April 18, 2024

New Unified Patent Court – Cameron IP Amongst First UK UPC Representatives

 

Steven McIlroy, UPC Representative and European & UK Patent Attorney, is one of the first UK representatives in a live case before the new Unified Patent Court.

CAMERON IP AMONG FIRST UK REPRESENTATIVES IN LIVE UNIFIED PATENT COURT CASE

Cameron IP is currently among a very small number of UK representatives to be active in live cases before the new European Unified Patent Court (UPC). At the time of writing, we believe we are one of only 6 UK firms to be engaged in representing a client before the new Court in a live case.

Whilst leading a revocation action filed on behalf of our client based in the United States, I have found the experience of dealing with the new Court to be relatively smooth, albeit we have encountered some unforeseen challenges along the way.  For example, it is apparent that many European patent attorneys are not (at least not yet) registered as representatives before the new Court, and this can cause issues in effecting prompt formal service on a defendant. The Court’s Case Management System (CMS) is not particularly intuitive, and there is ample room for improvement.

A quandary that many claimants may face is how to square the Court’s preference for effecting service electronically via its CMS system (which requires the express consent of the defendant) with the potential need for the element of surprise (to avoid a defendant opting out of the UPC system prior to an action being filed).

Despite those early challenges, they have enabled our firm to apply our experiences of engaging with the UPC to provide invaluable advice to other clients on the practicalities associated with dealing with the new Court.

KEY STATISTICS

Per the UPC’s report of March 2024, since the Court began operations on 1 June 2023, the Court of First Instance has received a total of 311 cases.

As regards types of actions and their quantities, these were as follows:

  • Infringement actions (110)
  • Revocation actions (28)
  • Provisional measures applications (22)
  • Applications for preserving evidence pursuant to RoP192 (6)
  • Order for inspection (1)
  • Action for damages (1)
  • Declaration of non-infringement (1)

The Court of Appeal has received:

  • Appeals under RoP220.1 (litera a or b) (3)
  • Appeals under RoP220.1 litera c (9)
  • Appeals under RoP220.2 (15)
  • Request for discretionary review (1)
  • Applications for suspensive effect (2)
  • Applications for order for expedition of an appeal (6)

The language of proceedings has been:

  • German (47%)
  • English (45%)
  • French (3%)
  • Italian (3%)
  • Dutch (2%)

Visit our UPC Hub

For a recap on key aspects of the new UPC system which came into force in June 2023, please visit our UPC Hub here.

Contact Steven

Steven McIlroy, UPC Representative, European & UK Patent Attorney

T. +44 (0)208 390 3775 (London)

E. steven@cameronintellectualproperty.com

 

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