As part of our updating process, we regular monitor the WIPO and EPO websites. See below for the most important PCT-related changes that we are currently aware of. The changes of 1 Jul 22 will be included in the Sept. 2022 edition of PCT.App.
The main themes in 2022 are the “big bang” change to the ST.26 standard for sequence listings, the adoption of more electronic communication, and improved safeguards for online systems.
No. 3 is an attempt to provide some directional ideas to consider when deciding whether to opt-out or stay within competence of the UPC for national bundle patents. Of course, this question implies to speculate about a not yet implemented court, but merely declaring it as complicated or unpredictable would be a too simple excuse.
From the promoting side, you can hear stories that the judges will be experienced, originate from all over Europe, and be trained to apply carefully drafted rules in harmonized manner. Sounds quite much to be realistic at the same time. I will try to draw a slightly different scenario (without pretending that it is the only one possible).
This is the second round of the UPC quick tip series, again trying to sort out overly optimistic praises as well as undue critics.
An important factor when choosing between national bundle patents and Unitary patents are the maintenance costs. Attempts to declare the Unitary patent (UP) as inexpensive by comparison with the costs of renewal fees accumulated over all participating states appear rather misleading since almost nobody would ever consider such selection.
The UP is a different product which calls for adapted validation strategies, and one practical example will be sketched in this post.
This is the first post of a quick tip series, which is intended to provide a view on the UPC between the overly optimistic perspective of its promoters and the mere collections of legal issues of its opponents.
After many years of delay, the UPC has regained its momentum and there seems little that could still prevent it from becoming a reality (which does not mean that there could not be new challenges coming up after start). An important difference from false promises of the past is that the inofficial waiting time of at least 7 years for fundamental changes in the EP patent system has now passed.
