A doctrine of equivalents in the UPC?


The UK and Germany can both show how, as Paul England and Anja Lunze explain.

The Unified Patent Court (UPC) and the Unitary Patent are coming. One objective of these reforms was to harmonize patent law and procedure across Europe. However, there is doubt and controversy about whether either are likely to be achieved, in
particular whether approaches of the divisions of the UPC to the Rules of Procedure will differ. To some extent, there are areas in which national differences and flexibility can be accommodated and even welcomed. There are also some core issues of law on which a uniform approach is imperative and must be established quickly. One is a uniform approach to determining scope of patent claims, not least because Articles 5(2) of the Unitary Patent Regulation requires it. To guarantee
uniform scope of protection, the rules applied in the UPC divisions must be the same. But what rules are these?

Two major patent law systems, which are often thought to have rival approaches on this issue – Germany and the UK – may actually point to a consensus about the rules to apply. Request a free trial to read more.

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