1) The UPC and its judges 2) Entry into force and preparatory work 3) Jurisdiction of the UPC 4) Opt-out 5) Languages 6) Parties to proceedings and Representation / Mandate 7) Provisional and protective measures 8) Protective letter 9) Application of Article 33(3) UPC Agreement 10) Interim procedure 11) Oral procedure 12) Appeals 13) Fees 14) CMS account 15) Sources of law and substantive patent law 16) CMS strong authentication 17) SPC data correction 15.1 On which sources of law shall the UPC base its decisions? The UPC will base its decisions on EU law, The UPC Agreement, the European Patent Convention (EPC), other international agreements applicable to patents and binding on all the Contracting Member States and national law (Article 24 of the UPC Agreement). 15.2 How will prior national rights and prior user rights be determined by UPC? Prior user rights will, pursuant to Article 28 of the UPC Agreement, be governed by national law. Anyone who would have had prior user rights in a Contracting Member State with regard to a corresponding national patent will enjoy the same rights in that Contracting Member state in respect of a European patent or a European patent with unitary effect for the same invention.
1) The UPC and its judges 2) Entry into force and preparatory work 3) Jurisdiction of the UPC 4) Opt-out 5) Languages 6) Parties to proceedings and Representation / Mandate 7) Provisional and protective measures 8) Protective letter 9) Application of Article 33(3) UPC Agreement 10) Interim procedure 11) Oral procedure 12) Appeals 13) Fees 14) CMS account 15) Sources of law and substantive patent law 16) CMS strong authentication 17) SPC data correction 15.1 On which sources of law shall the UPC base its decisions? The UPC will base its decisions on EU law, The UPC Agreement, the European Patent Convention (EPC), other international agreements applicable to patents and binding on all the Contracting Member States and national law (Article 24 of the UPC Agreement). 15.2 How will prior national rights and prior user rights be determined by UPC? Prior user rights will, pursuant to Article 28 of the UPC Agreement, be governed by national law. Anyone who would have had prior user rights in a Contracting Member State with regard to a corresponding national patent will enjoy the same rights in that Contracting Member state in respect of a European patent or a European patent with unitary effect for the same invention.
15.1 On which sources of law shall the UPC base its decisions? The UPC will base its decisions on EU law, The UPC Agreement, the European Patent Convention (EPC), other international agreements applicable to patents and binding on all the Contracting Member States and national law (Article 24 of the UPC Agreement). 15.2 How will prior national rights and prior user rights be determined by UPC? Prior user rights will, pursuant to Article 28 of the UPC Agreement, be governed by national law. Anyone who would have had prior user rights in a Contracting Member State with regard to a corresponding national patent will enjoy the same rights in that Contracting Member state in respect of a European patent or a European patent with unitary effect for the same invention.