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Europe

Fish in Europe

 

Our Munich office, opened in 2009, offers a broad range of IP services in Germany and Europe.

 
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Our European office is located in Munich, home of the European and German Patent Offices, as well as the German Federal Patent Court. Our attorneys handle a wide range of European IP matters, including patent prosecution and patent litigation. The attorneys in our Munich office also serve clients in European trademark, design, unfair competition and antitrust matters.

More patent litigation is conducted in Germany than in any other part of Europe. Fish attorneys handle infringement litigations before the District Courts and Courts of Appeals, EPO opposition cases, and German nullity cases in the Federal Patent Court and the Federal Supreme Court.

EU Unitary Patent and UPC

In early 2013, almost all of the European Union states agreed to a package including two EU regulations that would create a European Patent with unitary effect (Unitary Patent or UP) for participating EU states, and could lower translation and post-grant costs for parties electing to use the Unitary Patent. That package also includes a Unified Patent Court (UPC) Agreement (UPCA—a treaty) that would create a Unified Patent Court, which is intended to eventually handle all litigation involving patents issued by the European Patent Office that are validated in participating EU states, including both the regular, nationally validated European Patents and the new Unitary Patents.

The UPC began its organizational stage on 19 January 2022. The new court is expected to open to receive cases in Spring 2023. On October 6th, the UPC announced a target date of 1 April 2023; however, one well-connected person, speaking off the record, has said that his best guess is 1 May.

The final stage, referred to as the “Sunrise Period,” will begin when the Administrative Committee is satisfied that UPC preparations can be completed within three months. The Committee will then inform the German government, which will deposit its ratification. That will trigger the final timeline to opening of the UPC on the first day of the fourth month after that deposit. For example, if the German ratification is deposited in December 2022, the UP and IUPC Sunrise Periods will begin on 1 January 2023, and the lodging of cases in the UPC and validation of UPs by the EPO will begin on 1 April 2023, which is the current target date.

Starting on the day the UPC opens, the EPO will be able to validate a European patent at grant as a “European Patent with unitary effect” (Unitary Patent) for UPC member states, as an alternative to the conventional bundle of national patents.

For details of the proposed package and details on the status of the UP and UPC, see our main UP & UPC page, FAQ 9 on our FAQs page and our Chronology page.

Updated 11 October 2022

More about EU Unitary Patent & UPC

Munich Office

Highlight Business Towers
Mies-van-der-Rohe-Strasse 8
Munich
Germany
Telephone: +49 (89) 710 4102 - 0
Facsimile: +49 (89) 710 4102 - 44

 

Europe Services

The Fish Munich office provides a strategically important venue for our firm to provide clients with global intellectual property protection and enforcement:


Bean United Coffee Project

We proudly purchase and drink Bean United coffee in our Munich office. For every kilo of coffee beans they sell, a child in Burundi receives school meals for two weeks. For more information, visit their website.

Europe