What You Need to Know
- Key takeaway #1
The UPC has introduced the first phase of a new case management system. - Key takeaway #2
The new system shows that the UPC is committed to improving its services and its attractiveness as a venue for patent litigation in Europe.
For the past few years since its official launch, as well as getting to grips with the developing procedures and case law of the Unified Patent Court (UPC), representatives have been using the UPC's Case Management System (CMS) in its first iteration.
The new UPC CMS launched today, for opt-out procedures only, with infringement, validity, and other procedures to be added in the coming months.
At Crowell, we have participated in the initial trialing of the system, to get a feel for the improved site, and also to ensure that we are fully prepared for the switchover for opt-outs. The system is modernized, intuitive and smooth, and we expect this change will be very pleasing to frequent users of the UPC systems, and anyone in the (admittedly niche) category of litigation website enthusiasts.
In the meantime, the existing CMS will continue to be available, for procedures not yet available in the new CMS.
Smartcards will not be needed for accessing the new UPC CMS, with the UPC moving to align its login procedures more closely with the EPO's online filing and case management services. However, before celebrating this simplification, representatives should note that there is no change to the requirements for certifying uploaded documents, meaning that in many cases you may still need to use a smart card for signing a document, before uploading the document to the new CMS.
As much as the new CMS web interface is pleasant to look at, API automation for individual or bulk opt-outs was already a smooth process, and the API will continue to be the most convenient and reliable strategy available for filing opt-outs for many users.
Nevertheless, opt-outs will be just one function of the revamped CMS, and we look forward to using the new CMS for centralized infringement and revocation actions covering much of Europe.
Thank you to Crowell counsel James Prankerd Smith for his contributions to this alert.
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