Today, June 1st, 2023, marks the official entry into force of the Unified Patent Court (UPC) agreement. As a result, the UPC becomes operational and the unitary effect of European patents can now be requested. The UPC will be responsible for hearing cases related to all European patents with unitary effect.
However, European patents that have been validated conventionally, without unitary effect, may still be subject to an opt-out and thus may or may not fall within the jurisdiction of the UPC.
It’s important to note that the unitary effect applies only to those countries that are members of the UPC agreement. Therefore, non-EU member states that are party to the European Patent Convention, as well as EU member states and European Patent Convention signatories that have not yet ratified the UPC agreement, are excluded from its scope.
In addition, the unitary effect will gradually expand when subsequent states ratify UPC agreement. Extended unitary effect will cover newly granted European patents, but will not be applied retroactively to patents granted earlier. Thus, for a couple of years, the term ‘unitary’ will be unequivocal only when followed by a specific date, such as ‘unitary@2023-06-01’.
2023-11-01 is a date worth noting as algorithm for computation of time limits is going to change and “10-day notification rule” is going to be applied no more in the proceedings before the European Patent Office (EPO). This means that time limits will be triggered by the date set on the EPO communication not by day falling 10 days later (fictitious date of receipt). More details can be found at: https://www.epo.org/law-practice/legal-texts/official-journal/2023/03/a29.html .
Our patent attorney Dr. Eng. Marek Bury has been entered on the list of representatives before the Unified Patent Court. Until the launch of the system, this only means that we can exclude the competence of the Unified Patent Court with regard to cases involving already granted patents (opt-out). After 2023-06-01, the scope of activities in which we will assist before the Unified Patent Court will significantly expand.
IAM research team pointed out:
Bury & Bury is a down-to-earth and super successful firm. It specialises in patents, especially those related to electrical engineering, and its combination of technical and business knowledge is what truly sets it apart.” “The team recognises intellectual property as a business tool and fully comprehends the role of a patent in a commercial setting when drafting. Their knowledge of procedures and strategies is well recognised – even within the Polish Patent Office – and they effectively estimate and manage risk, identify possible outcomes and recommend solid actions.
We are proud of this high assessment and we are working hard to live up to it.
IAM research team summarized his accomplishments as follows:
Lech Bury’s “understanding of technology and broad industry experience translates into commercially minded advice. He has a remarkable knowledge of the field, speaks the same language as inventors, and has an excellent command of patenting procedures.”
Our CEO, Marek Bury will discuss recent twist in practice of Polish Patent Office (Urząd Patentowy Rzeczypospolitej Polskiej) with respect to computer implemented inventions during a conference with a rather promising title “FOR A BETTER FUTURE”.