UPC Unpacked: Issue 3 (Video)

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HLK is a global cooperation combining Haseltine Lake Kempner LLP and HL Kempner Partnerschaft mbB and provides a full suite of IP services advising across the entire IPR Lifespan™ in all technical and scientific disciplines. With offices in London, Bristol, Munich, Leeds, Glasgow, and Guangzhou (China), HLK provides IP services across the globe. HLK’s resources and expertise are exclusively dedicated to IP protection: safeguarding the inventions, creative designs, brand identities and other innovations of its clients. HLK advises on the strategy, identification, protection, opposition and appeal, exploitation and enforcement of IP rights, and defends its clients from allegations of infringement by focusing on acquiring competitive advantage for its clients. HLK is privileged to work with some of the most exciting and forward-looking businesses in the world which are at the forefront of innovation and product development in their various spheres.
The article explores emerging themes in preliminary injunction applications within the first year of the Unified Patent Court (UPC). Key insights include practical issues impacting success for patentees, analyzed by Jamie Rowlands.
UK Intellectual Property
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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.

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.

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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