Article
UPC Action Permissibly Lodged Prior To The Grant Of A European Patent
A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP