12 March 2024 Patents, Jnews Elena Comoglio

Since June 1st, 2023, the Agreement on the Unified Patent Court (UPCA) has come into force and is now fully operational, with hundreds of pending actions before this court.

In response to this development, Jacobacci & Partners promptly formed a dedicated team of experts composed of professionals covering all technical fields and who have specific training in relation to the new rules of the UPC, who are able to operate directly in the official languages provided for European patents (English, French, and German).

The UPC is responsible for resolving disputes related to:

  • European patent applications;
  • European patents with unitary effect and “classic” European patents that have not been opted-out;
  • Supplementary protection certificates based on European patents with unitary effect or “classic” European patents that have not been opted-out.

Proceedings before the Unified Patent Court are characterized by extremely tight deadlines: the duration of the entire first-instance trial is less than 12 months, with the consequence that the ability to promptly address the deadlines imposed by the procedural rules becomes an essential element, although not sufficient, to ensure a favorable outcome of the trial.

A proceeding before the UPC can begin with the writ of the summons, either for infringement of someone else's patent or for the nullity of your own patent. Moreover, the trial can also be introduced through an application for interim measures, in which case the time for defense becomes very short.

If you should therefore receive a summons or an appeal to the Unified Patent Court, we advise you to contact your reference professional at Jacobacci & Partners as soon as possible, in order to undertake the necessary initiatives promptly.

Please note that a summons to the Unified Patent Court, unlike an ordinary summons to appear before an Italian court, could be notified also via a simple email, and therefore not necessarily through a Bailiff or Certified Email (PEC).

Furthermore, any summons in a nullity judgment related to your unitary European patent or your "traditional" European patent for which you have not submitted an application to opt-out of the UPC jurisdiction, could also be notified to your patent consultant. It is advisable, therefore, that the latter is authorized to accept the notification in order to access the court file promptly and make a preliminary summary evaluation of the steps to be taken for a more effective and timely defense.

Jacobacci & Partners is committed to supporting its clients in the context of the Unified Patent Court, offering specialized advice to confidently support them in the management of the proceedings.

For more information on the Unified Patent Court and the Unitary Patent, also read the following articles: