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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, April 4, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide patent counsel on the EU Unitary Patent System (UPS) and the Unified Patent Court (UPC). The panel will also discuss the nuts and bolts of the systems and strategic considerations for U.S. applicants and patentees with European portfolios.

Faculty

Hazel Ford
Partner
Mathys & Squire LLP

Dr. Ford is a European and UK patent attorney with extensive experience drafting patent applications and prosecuting them globally. She has particular experience of patent prosecution at the European Patent Office (EPO) in the fields of biotechnology (including antibodies, vaccines, genes and proteins), and pharmaceuticals (including drug formulation, diagnostics and new administration regimes). Alongside Dr. Ford’s substantial experience with EPO opposition and appeal proceedings, she also advises clients on all aspects of patent strategy, including coordination of related patents and patent applications worldwide, and interactions between drafting, prosecution and opposition matters.

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Leythem A. Wall
Director, European and UK Patent Attorney
Oxon IP

Mr. Wall is a European and UK patent attorney and litigator specializing in the chemical, consumer products, energy, material, mechanical, medical and pharmaceutical sectors. Prior to founding Oxon IP, he was a Partner in major European and U.S. IP law firms, and before then in-house patent counsel for some of the world’s largest U.S. and European multinationals. He regularly represents clients in Opposition and Appeal proceedings before the European Patent Office as lead counsel in a wide variety of technical areas. He has won numerous defensive and offensive oppositions, including multi-party proceedings, and successful coordination with disputes in multiple jurisdictions such as UK, Germany, US, China, Japan, Korea, and India. Mr. Wall sits on the Chartered Institute of Patent Attorneys (CIPA) Litigation Committee, the Intellectual Property Owners (IPO) European Practice Committee and is President of the European Patent Litigators Association (EPLIT).

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Description

The UPS and UPC opened for business in 2023, marking the most significant change for 50 years in European patent practice and affecting all existing and future European patents and applications.

Applicants still have the option to use the current "classical" European grant procedure (equivalent to a "bundle" of separate European national patents) but also may make use of the Unitary Patent to cover many EU countries in one patent right. With fewer fees, the Unitary Patent potentially offers a significant reduction in costs, depending on in which EU states you pursue protection and for how long.

Europe has also established a new centralized patent court system (the UPC) that offers a unified body of substantive and procedural laws intended to simplify patent litigation throughout much of the EU. The UPC allows coordination of strategy and procedures and provides broader enforcement across most of the EU in a single action. However, for many, the potential significant reduction in costs could be offset by the substantial risk of a single central revocation action also with effect across the same territories. Companies and their counsel must understand the benefits and risks of the Unitary Patent and the UPC.

Listen as our authoritative panel examines the nuts and bolts of the UPS and UPC. The panel will also discuss strategic considerations for U.S. applicants and patentees.

Outline

  1. Nuts and bolts of the UPS and UPC
  2. Strategic considerations for U.S. applicants and patentees with European portfolios
  3. Guidance on what needs to be done to prepare for the new system

Benefits

The panel will review these and other vital issues:

  • What are the advantages and disadvantages of the UPS? How does it differ from the current system?
  • What are the benefits and risks of the UPC?
  • What key considerations should companies and their counsel keep in mind as they navigate the new systems?
  • What steps should patent counsel take now and in the future to prepare for the new systems?