Unitary Patent: UPC's Power to Amend
Venetian Patent Act 1474 Source Wikipedia Yesterday I presented a talk on the unitary patent and the Unified Patent Court. I had a good audience which included some familiar faces as well as several new ones. At the end of the talk I took questions and one of them was on the Court's power to amend. I was able to answer the question from memory but I could not give chapter and verse and promised to do so in this blog. As I said yesterday, the starting point is the European Patent Convention art 138 (3) of which provides: "In proceedings before the competent court or authority relating to the validity of the European patent, the proprietor of the patent shall have the right to limit the patent by amending the claims. The patent as thus limited shall form the basis for the proceedings." The competent court in actions or counterclaims for revocation of unitary or other European patents will be the Unified Patent Court (see art 65 (1) of the UPC Ag...