Top 3 predictions for patent litigation in Italy and EU

The long story of the EU patent, commenced in 1975 (!) with the aborted Community Patent Treaty, which ultimately led to the Unitary Patent (established by Regulation (EU) No 1257/2012) and to the Unified Patent Court Agreement, done at Brussels on February 19, 2013 but not yet entered into force, will eventually come to a conclusion in 2019.

This very year will indeed clarify if and how Brexit will take place and affect the UP/UPC package and its entry into force, as well as the possible role of the UK in said system.

In parallel, the German constitutional court is expected to decide on the claim brought against the system and its compatibility with the German and EU laws; such a decision could easily mean a final “yes” or “no” to the system, the “no-side” including also the possibility that the case is referred to the EU Court of Justice.

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En attendant UPC

At the beginning of 2017 the Unitary Patent and the Unified Patent Court (often referred to as UP/UPC package) was almost ready to start. Ratifications of the UPC treaty were taking place at healthy pace, Italy decided eventually to join the system, too, and the European Unions institutions were finalizing the last pieces of legislations

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