The German Constitutional Court docket issued a landmark resolution with implications for a lot of firms doing enterprise in Europe on July 9, 2021. For many years, the European Fee and EU member states strived to create a pan-European Unified Patent Court docket (UPC). After overcoming many hurdles, any smart commentator will likely be cautious in making statements about the way forward for the UPC. That stated, for the primary time in years it now seems that the pan-European patent litigation system could lastly come into being. That is significantly related for firms from the life sciences sector that are inclined to implement their blockbuster patents in parallel proceedings in essentially the most related jurisdictions. The brand new system and the provision of pan-European injunctions implies that claimants will have the ability to transfer from 5 parallel circumstances to 1. Nevertheless, the brand new system additionally comes with disadvantages resembling pan-European invalidation proceedings. No person can predict the standard of judgments issued by the long run courtroom. For house owners of European patents who’re involved about dropping their IP rights, now’s the time to establish the crown jewels and to make an knowledgeable resolution about opting out.

To learn extra in regards to the new provisions to PatG please learn the shopper alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.