We have published an article on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing in particular in PLC Magazine's November 2015 edition "The New Unitary Patent Regime – Prepare and Protect your Portfolio" available as a pdf from this link and also on Practical Law.
The article considers, in particular:
- the law applicable to UPs and the impact on this of the place of business of the applicants and the order in which they are named on the patent;
- issues for co-owners and co-ownership agreements (including opt-out considerations and control over proceedings, conversion of EP applications to UPs);
- licensing – opt-out (both from a licensee and licensor point of view), control of proceedings; and
- impact on patent valuation and security of opting out or not and of obtaining unitary protection.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2020