UNIFIED PATENT COURT
national courts, and patent owners or applicants for European patents may opt out of their patent/ application in order to keep it in the established system; it will always be possible to opt in again. Importantly, this opt-out is only possible for traditional European patents with validity in a selection of countries; there will be no possibility to opt out of a European patent with unitary eff ect.
Any proprietor of European patents and any prospective applicant, as well as any counsel for such applicants, should carefully consider the opt-out option from the very start of the new system. Otherwise, as soon as the new system is in place, any party may bring an action related to that patent before the UPC, forcing the owner or applicant into the new system.
Since all European patents with unitary eff ect are bound to the new court system for better or for worse, the choice of unitary eff ect should also be considered thoroughly. Until the new system has been established, it may be a good approach to continue with the tried and tested validation. Patents validated the proven way are compatible with the old and the new court systems, whereas Unitary Patents will be tied to the new system.
Andreas Zachcial is a mechanical engineer and counsels national and international clients in the fi eld of patent prosecution and patent litigation.
Some additional thought should be spent on the language of the patents. As a rule, for court proceedings in the Court of First Instance, the offi cial language of the local division will apply, while in the central division it will be the language of the patent. T e language of the proceedings will be kept at the Court of Appeal. T ere is still an option to agree to use the language of the patent for the proceedings. T e language of the patent becomes even more important that way
Philipp Lilie is a physicist. He focuses on patent prosecution and patent litigation as well as mediation and negotiation in all matters of IP.
because it defi nes a potential language option for any proceedings in Europe.
Andreas Zachcial is a European and German patent and trademark attorney at Zenz. He can be contacted at:
zachcial@zenz-ip.de
Philipp Lilie is a European and German patent and trademark attorney at Zenz. He can be contacted at:
lilie@zenz-ip.de
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www.worldipreview.com
World Intellectual Property Review Annual 2014
93
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