Tuesday, June 20 2023   \  Published by IP Watchdog.

How the UPC and European Patents with Unitary Effect Reach Beyond Europe to the United States

How the UPC and European Patents with Unitary Effect Reach Beyond Europe to the United States

As prior art material to the patentability of a U.S. patent application must be disclosed to the USPTO in an IDS, U.S. patent prosecutors should ensure they are monitoring pending U.S. patent applications with co-pending European patent applications that receive a Rule 71(3) communication.”

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

To understand the impact, this article provides a background on how the European Patent Office (EPO) and UPC consider earlier national rights, how patent applicants can address earlier national rights to prevent invalidation at the UPC, how earlier national rights identified in a European patent application can affect a U.S. application and should be addressed in an IDS, and how this information can be used for monetization and litigation. Read more

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