Consultation on the road to the unitary patent and UPC—groundless threats

Table of contents

• Original news
• What is the background to the IPO’s consultation?
• What are the aims of the consultation in relation to threats provisions?
• Does this mean that respondents to the consultation should simply consider whether there is merit in any distinction between unitary patents and ‘classical’ European and national patents?
• Threats made in respect of unitary patents
• Threats to bring proceedings in the UPC
• Are there parallels here with Community trade marks?
• Would the UK court have to decide whether a unitary patent is valid and infringed?
• Are there any implications for threats in respect of ‘classical’ European patents?
• What would you recommend by way of response?

Article summary

IP & IT analysis: With the UK Intellectual Property Office (IPO) currently consulting on its draft secondary legislation to implement the unitary patent and Unified Patent Court (UPC) provisions into UK law, the team at Bristows consider the key issues for stakeholders when responding. In this third instalment, Liz Cohen examines the issues raised in the consultation relating to groundless threats provisions.