Unified Patent Court Procedure

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Forty years after initial discussions aimed at establishing a single European patent, 25 EU Member States (excluding Italy, Spain, and Croatia) have approved three instruments for a European Patent with unitary effect. One key instrument is the Agreement on a Unified Patent Court, signed on 19 February 2013, which establishes a Unified Patent Court (UPC) comprising a Court of First Instance and a Court of Appeal. This court will have exclusive jurisdiction over infringement and revocation proceedings, offering a simpler and more cost-effective alternative to the current system, where patent cases are tried separately in each EU Member State. This commentary focuses on the procedures of the Unitary Patent Court, covering: A. Overview B. Infringement and defenses C. Proceedings and the UPC, including Statutes of the UPC, financial provisions, general provisions, languages of proceedings, court proceedings, powers, appeals, and decisions. Additionally, it addresses the implementation and operation of the Agreement. The general editors and authors are seasoned patent specialists from the UK, France, and Germany, affiliated with prestigious law firms: Sabine Agé, Christof Augenstein, Matthias Brandi-Dohrn, Emmanuel Gougé, Andreas Haberl, Alexander Haertel, Miriam Kiefer, Tim Powell, Konstantin Schallmoser, Tim Whitfield, and Alex Wilson.