Industrial Property Law

Decree No 2018-429 of 31 May 2018  incorporated into the Intellectual Property Code two provisions relating to the European patent with unitary effect (Art. R. 615-1 and R. 615-2), which transpose the Agreement on a Unified Patent Court (UPC Agreement) signed in Brussels on 19 February 2013 . Under Article R. 615-1 of the Intellectual Property Code, if a court considers, even during the course of  …

Jurisdiction of Unified Patent Court

Decree No 2018-429 of 31 May 2018  incorporated into the Intellectual Property Code two provisions relating to the European patent with unitary effect (Art. R. 615-1 and R. 615-2), which transpose the Agreement on a Unified Patent Court (UPC Agreement) signed in Brussels on 19 February 2013 . Under Article R. 615-1 of the Intellectual Property Code, if a court considers, even during the course of proceedings, that a claim falls within the sole jurisdiction of the Unified Patent Court, it must decline jurisdiction ex officio and refer the parties to the Unified Patent Court. Where, in the course of proceedings, unitary effect is conferred on the European patent in dispute, one of the parties notifies the court. When unitary effect is granted during a trial, the court orders the reopening of the proceedings.

Article R. 615-2 provides that the court hearing an action for infringement of a French patent must stay the proceedings if the Unified Patent Court is simultaneously seized of an application based on a unitary patent or on a patent not subject to a waiver of its sole jurisdiction, and if the patent in dispute covers the same invention, was applied for by the same inventor or granted to him or his successor in title with the same priority date, and relates to the same facts between the same parties. The stay of proceedings continues until the judgment of the Unified Patent Court on the application is no longer subject to appeal. However, a claim made in the context of an infringement action where the Unified Patent Court has ruled on the same claim based on the same facts between the same parties by a judgment having the force of res judicata is inadmissible.

Decree No 2018-429 of 31 May 2018 on the European patent with unitary effect and the Unified Patent Court, JO of 2 June 2018.

Articles R. 615-1 and R. 615-2 came into force on 1 June 2023, which was the date of entry into force of the UPC Agreement signed in Brussels on 19 February 2013.

Industrial Property Law

391. Jurisdiction of Unified Patent Court

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Les notions juridiques connexes

391. Jurisdiction of Unified Patent Court

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise