As previously announced, the preparatory committee for
Europe's Unitary Patent System is soliciting public comment on
its draft rules of procedure, which will be applied by the
divisions of the new Unified Patent Court (see our prior
Alert). This is a reminder that the deadline
for comment
submission is October 1, 2013.
This is an unusual opportunity for international companies to
voice their suggestions for enhancing the system. Many
international companies have already commented. All are invited and
encouraged to participate.
Comments should be sent to the following email address: secretariat@unified-patent-court.org.
Key issues that are still developing and are in particularly need
of public comment include:
- standards for deciding when to grant injunctions (Rule 211)
- standards for deciding when to bifurcate infringement and validity (Rules 37, 40, 118)
- restrictions on a claimant's ability to "forum shop" among different local divisions within the EU, and
- costs for opting out and ongoing maintenance of patent portfolios in the new system
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
