Tuesday, September 08, 2015 Unitary patent ratification map

On September 17, I'll participate in a live webcast on the topic of 'Post-Grant Patent Opposition in Europe and the U.S.' organized by the Knowledge Group. I'll explain the new possibilities for patent invalidation offered by the Unified Patent court and give my view on how the UPC may change opposition before the EPO.

I made the graphic above to explain the current ratification status of the Unified Patent Court. In the map of Europe above, all European countries are colored.

On the negative side are the Red and Brown states. The brown states are EPO members but not EU members. They can never ratify the agreement (unless they become an EU member). The red states (Spain, Poland, and Croatia) are countries that at present will not ratify the Agreement on a Unified patent court; either because they are not included in the enhanced cooperation or have given indications that they will not ratify (Poland).


On the positive side are the gold and green states. The dark green states have ratified the agreement. Note that Portugal recently joined the green states. The light green states can ratify, but at as of yet have not. I've colored Italy as a light green state, although technically they are not in the enhanced cooperation yet. After Italy's request to join the enhanced cooperation, this is only a matter of time.

Finally, the gold states (United Kingdom and Germany) are the two states whose ratification is required before the UPC can start. Recently, the United Kingdom announced the location of the London section of the Unified Patent Court; I've not heard much about developments in Germany though.

I have a few invites for the webcast left, which I can offer to readers of this blog. Send me an email if you want one.

The map is based on a blank map by Maix, which is based on a map by Tintazul used under a CC BY-SA 2.5 license.

Tuesday, June 17, 2014 Status of unitary patent ratification

Before the unitary patent system can start, 13 countries need to ratify the agreement on a unified patent court; including Germany, France and the United Kingdom. With the recent ratification of Sweden the number of countries which fully completed the ratification is currently 3.

Below are all countries for which I know of serious ratification progress:

Ratification Completed

France
Austria
Sweden

Serious ratification progress

United Kingdom
Malta
Belgium
Denmark

Announced plans for a division of the unified patent court 

Lithuania
Latvia
Estonia


Furthermore, I think we we can safely include Germany, and probably the Netherlands as likely candidates to ratify. That brings the total number of countries for which a ratification is sure or quite likely to 12 out of a needed 13. There are more than enough candidates for the 13th country.

Still, it would be nice if somebody would send me link for a further country working on ratification; I'd be happy to blog about it.

Monday, June 16, 2014 Sweden completes ratification of unitary patent

Sweden has deposited its instrument of ratification. The country is listed on the EU's Unitary patent – ratification progress page. Sweden had announced earlier that it will form a regional court together with Lithuania, Latvia and Estonia; sometimes called the Nordic court. Given these plans the quick ratification does not come as a surprise. I'd expect to hear news form Lithuania, Latvia and Estonia as well.
 
The ratification of Sweden brings the total number of countries that fully completed ratification to 3 out of a needed 13.