The Unified Patent Court has finally opened after 50 years in the making. The Court which will have jurisdiction for European Patent actions in an initial set of 17 countries including France and Germany. It is reputed that several parties have lodged multiple infringement actions at the Court. Since opening on the 1st June, there is only a single infringement action and a single revocation action showing on the system.
However, the Court has had extensive problems with its computer systems which have been used to date pre-dominantly to allow patentees to file opt-outs so as to remove their patents from the jurisdiction of the Court.
So it may well be that users have struggled to get their infringement actions on file with the Court and that the numbers showing will increase in the coming week.
It is reputed that one large IP services provider was unable to lodge opt-outs for several of their clients by the deadline of the Court’s opening.
Others have highlighted that they had extensive difficulties with the Court’s computer system.
It is notable that the revocation action is against a patent, in the name of Amgen at the European Patent Office, which one might have expected to have been opted out. It is conceivable that the Court will now be hearing a revocation action on a Patent which potentially owing to problems with the Court’s computer systems left the patent within the Court’s jurisdiction.
There is plenty of potential for some very interesting arguments between patent owners and the court on this topic.
If you would like to discuss the implications of the UP and the UPC on your business, our patent attorneys can advise and take the appropriate action on your behalf. Get in touch here or email us at hello@two-ip.com
