Jan Flensted Poulsen, Process & Technology Development Manager, Union Engineering A/S
1. What do you know about the Unitary Patent and the Unified Patent Court?
Have you started preparing? If yes, in what way? If no, what actions or decisions do you think it will take for your company to start preparing?
Answer: As Union Engineering usually applies in several European countries – we followed the process about the Unitary Patent and the Court with interest – and our Awapatent attorney kept us informed about the consequences of it. Basically it will ease our everyday in our geographically ever-changing market.
2. What are your thoughts regarding the Unitary Patent?
Are you planning on requesting UP and if so for all or only some of your patents?
Answer: As we are acting globally – and do business from time to time in all European countries – we will generally be requesting UP’s in all cases.
3. Do you think you will stay within the competence of the UPC for already granted European patents and currently pending application? Or will you request opt out?
If you decide to opt out, will that be for all or only for some of the granted patents?
Answer: We haven’t yet made a general decision about what to do.
4. What are your thoughts on the new Court?
Will the court face any special challenges within your specific technical field?
Answer: Working in a niche industry, you will always be concerned whether you will be judged by a sufficiently experienced court – but I have confidence in that to be facilitated also in the new set-up.
Is the fact that it will be a fast acting Court an advantage or disadvantage to your company?
Answer: All depending of the nature of the case - it could be both. So basically that seems fair.
If you have a choice of venue for an infringement action, where do you think you will most likely file a claim – at a local, regional or central division?
Answer: It will depend upon the patent as well as the infringer in question.