Agreement on a European Patent Court Consultation on Rules of ProcedureOctober 1st, 2013
FiledOctober 1st, 2013It is unclear whether Article 83(3) of the UPC Agreement also covers the applicant for an SPC. With regard to patents the Agreement refers to “proprietor or applicant”, but with regard to SPC only to “holder”. Since it is important to have the ability to opt out of an SPC application in order to obtain legal certainty, this issue should be resolved in Rule 2 by adding:
Agreement on a European Patent Court Consultation on Rules of ProcedureSeptember 11th, 2013
FiledSeptember 11th, 2013It is unclear whether Article 83(3) of the UPC Agreement also covers the applicant for an SPC. With regard to patents the Agreement refers to “proprietor or applicant”, but with regard to SPC only to “holder”. Since it is important to have the ability to opt out of an SPC application in order to obtain legal certainty, this issue should be resolved in Rule 2 by adding: