UP services Infringement
A unitary patent is a ‘European patent with unitary effect’ which has been granted by the EPO under the rules and procedures of the EPC.
18
EU member states
1
Renewal fee to EPO
2023
System in force since
UPC
Single court
Infringement
Filing infringement action against a UP and the EP via the UPC. Each situation will be assessed individually.
When to order
At any time when infringement of patent rights is suspected
Court
UPC – specific division depending on case
Coverage
All participating UPC member states in one action
Enforcement before the UPC
Unfortunately, problems coming from violating a patent owner’s rights may be impossible to resolve through negotiations. Then, the only way for the patent owner to protect their legitimate interests is to take the issue to the courts (in the form of the UPC). The process requires a great deal of experience and knowledge – it consists of the proper drafting of a procedural document, the selection of arguments, and the gathering of evidence.
1
Collect all necessary information
An assessment of the nature of the infringement. Gathering evidence. If necessary, a comparison of the patent description. The preparation of arguments (including an analysis of legal acts, case law, and other sources).
2
Prepare the claim before the UPC
Drafting the procedural documents. We will bring the action before a specific UPC division – depending on the defendant’s location, the infringement’s nature, and the technology sector.
3
Select the UPC division
Local – within a specific EU member state. Regional – Nordic-Baltic Regional Division in Stockholm, Sweden. Central divisions – Germany, Italy, or France, depending on technology sector. Court of Appeal – Luxembourg.
Local division
Within a specific EU member state
Stockholm
Nordic-Baltic Regional Division
DE / IT / FR
Central divisions (by technology sector)
Luxembourg
Court of Appeal
