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UPC Unpacked: Issue 3

Discover UPC insights

Each month, our UPC experts delve into the Unified Patent Court, to unpack key insights from what’s been happening at the UPC, and share their findings.

Headshot of Jamie Rowlands

Preliminary injunction applications: What themes are emerging in the first 12 months?

A powerful tool for patentees, but what practical issues can impact their success?

Jamie Rowlands has examined preliminary injunctions granted or overturned by the UPC in its first 12 months of operation, and pulled out three important themes emerging from the Court’s decisions.

What are they? Read his article to find out.

Headshot of Caroline Day

First year reflections: Adding colour to the numbers

What lies behind the numbers?

Adoption of both the Unitary Patent and the Unified Patent Court has been strong. But what do the figures tell us?

Caroline Day looks back at the first year of the UP and UPC, and examines the top ten technology areas for patent applications at the EPO in 2023, and if unitary patent applications match up.

Read her article.

How can you get your European patents fit for UPC litigation?

Three key areas that’ll improve your chances of success

In his video, Matthew Howell breaks down the question into three areas. He provides practical advice and useful pointers as to what you can do, during drafting and prosecution, to improve your chances of success at the UPC, should you need to enforce your European patent or defend it in proceedings.

Matthew explains these three key areas:

  1. Ways to mitigate the risk of a successful invalidity attack.
    Timestamp 0:55 on YouTube
  2. The importance of description and drawing to support the claim scope.
    Timestamp 2:33 on YouTube 
  3. Exercising caution in what you say to the EPO during a prosecution.
    Timestamp 5:06 on YouTube

Watch the video in full below or use a link above to start watching at a specific point.

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Did you miss Issue 2 of UPC Unpacked?

Last month, our UPC experts shared these insights:

  • Proceedings at the UPC: How to prepare and what to expect
  • How does UPC litigation compare to EPO opposition proceedings?
  • Unified Patent validations and those all important deadlines

This is for general information only and does not constitute legal advice. Should you require advice on this or any other UPC related topic then please contact upc@hlk-ip.com or your usual HLK advisor.