Düsseldorf, November 22, 2019 – How do proceedings before the Unified Patent Court (UPC) work? What are the differences to typical German patent infringement and nullity proceedings? The "Handbuch Europäischer Patentprozess", published by C.H.Beck on October 14, 2019, provides the respective information. The book presents important topics in a comprehensive and interrelated way. It is thus a helpful orientation for expert readers including lawyers and patent attorneys as well as judges at national courts and chambers of the Unified Patent Court.
Three patent attorneys and partners of Cohausz & Florack are among the nine-member team of authors: Dr. Natalie Kirchhofer, Dr. Arwed Burrichter and Jan Ackermann. In their chapters, they deal with topics such as the European patent with and without unitary effect, nullity actions and counterclaims as well as questions relating to the application for amendment of a patent. The other chapters of the handbook deal with the law of evidence, language issues, forum shopping (i.e. the special freedom of the claimant to choose the competent court), tactical considerations in UPC proceedings and other important issues in European patent litigation.
The UPC has jurisdiction with respect to unitary patents and classical European patents. The EU regulations establishing the Single Patent System entered into force on January 20, 2013, but will only apply from the date on which the UPC Agreement enters into force, i.e. after the 13th instrument of ratification or accession has been filed. The European Patent Office (EPO) expects usage of the unified patent to begin in the first half of 2020.
Handbuch Europäischer Patentprozess
Bopp, Thomas / Kircher, Holger (Ed.)
Munich: C.H. Beck
824 pages, hardcover
Date of publication: 24.10.2019