There are indications that the Unified Patent Court (“UPC”) will start operations in early or mid-2023. The UPC is expected to offer businesses an alternative route to patent protection and enforcement in Europe. As a result, patent owners will be able to obtain an enforceable injunction against infringers in all UPC contracting member states. Competitors, on the other hand, will be able to revoke a patent in all UPC contracting member states in one judgment.
Ronny Amirsehhi a renowned patent practitioner has published several commentaries about the UPC and one in particular compares the UPC with the PTAB AIA trials. Unlike the PTAB AIA trials, which only handle patent validity issues, the UPC is a full litigation court. Thus, Ronny’s article concentrates on the independent revocation proceeding before the UPC. He explains the structure, language of the proceedings, competence of the court, and source of law before the UPC. Then he summarizes the independent revocation proceeding before the UPC, and, lastly, compares it with the PTAB AIA trials.
Ronny also provides several summary charts that make his fact-heavy commentary easy to digest.
In summary, Ronny writes, “While there are some differences, the UPC has a lot in common with the PTAB AIA Trials, which it is a quite attractive forum to the petitioners. The PTAB AIA trials and the UPC independent revocation proceedings are both cheaper and faster than going to district courts and individual European national courts, respectively. In addition, rather than having non-technical judges and juries decide on complex patent matters, a panel comprising technically qualified judges decide on validity of a patent, making them a desirable forum for patent validity disputes.”
When the UPC comes into effect, companies need to be ready to handle the new patent protection and enforcement landscape. Following the UPC-related news and publications will enhance discussions and will inform companies about developments that may affect their patents and businesses in Europe.
About Ronny Amirsehhi
Ronny Amirsehhi received his bachelor’s degree in bioengineering from the University of California, San Diego in 2003. He then went ahead to acquire a Masters of Law in intellectual property in 2008 and a diploma in Patent Litigation in Europe in 2017. In 2004, Ronny joined the patent prosecution practice group at a top-ranked Intellectual Property law firm located in New York City. He replicated the same achievement in 2008 but this time with an international law firm based in Munich. In 2010, Ronny set out on his own and founded Amirsehhi Patent law firm in Munich. Since 2015, he has been practicing at international law firms.
Ronny represents clients in patent prosecution and litigation in various technical fields including pharmaceutical, biotechnology, internet of things, medical devices, computer technologies, polymer chemistry, and cryptography. He has also worked with several Fortune 500 companies and leading manufacturers around the world. Currently, Ronny is licensed to act before the U.S. Patent & Trademark Office (USPTO), the European Patent Office (EPO), and the UPC.
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