Agreement Unified Patent Court

Exhaustion of the rights conferred by a European patent 3. Technically qualified judges must have a university degree and proven expertise in the field of technology. They must also have a proven knowledge of civil law and procedure in relation to patent litigation. Before taking office, judges take an oath, in open instance, to perform their duties impartially and conscientiously and to preserve the secrecy of the Tribunal`s deliberations. the use of the patented invention on board vessels belonging to countries of the International Union for the Protection of Industrial Property (Paris Union) or members of the World Trade Organization, with the exception of the contracting Member States in which this patent is valid in the machine, device, device, transmission and other accessories, when these vessels temporarily or accidentally enter the waters of a contracting Member State when this , where the invention is used exclusively for the purposes of the ship; the use of a patented procedure or, if the third party knows or should have known that the use of the method is prohibited without the consent of the patent holder, by proposing the procedure for use on the territory of the contracting Member States where the patent is valid; In October 2013, European Council President Herman Van Rompuy declared that “the dream of a single patent is still not fully realized” and called on “EU member states to ratify the agreement”. [53] However, the result of the 2016 Brexit referendum cast doubt on the future of the UPC. [54] The list of states that are signatories to the ratification status is reproduced below. [26] The introduction of the law in the Bundestag is another step towards the creation of a unified European patent court and a unitary European patent system. It remains to be seen, however, whether the Bundestag and the Bundesrat will be able to pass the draft law on the new law on authorisation with the required two-thirds majority of the members as well as hoped. The Unified Patent Jurisdiction will be a common jurisdiction for the 25 Member States that have signed the unified patent court agreement. This agreement is still being ratified by the contracting Member States and, therefore, the Court will not begin to consider the cases until it comes into force.

1. A patent gives the patent holder the right to prevent third parties who do not have the consent of the patent holder from providing or proposing, in the territory of the contracting Member States where the patent is valid, anyone other than a party entitled to exploit the patented invention by means referring to an essential element of that invention. to implement them in the event that the third party knows or should have known that these means are appropriate and appropriate and intended for the implementation of this invention.