Ean is a Partner in our Electronics & Software team, based in our Manchester office. He has a particular interest in telecoms, having spent the first few years in the profession working in-house for Nokia. He regularly handles subject matter ranging from RADAR systems, signal processing and digital systems to pipe couplings, medical devices and production equipment.
Ean jointly heads our Education sector team and works for a range of clients, including Universities (in the UK and abroad), global corporations and SMEs, operating in and around the Manchester area. He particularly enjoys working with up and coming companies, including spin-outs, helping them to identify and protect their intellectual property. He has experience of hearings before the UK and European Patent Office and frequently advises clients on contentious issues where their rights may be infringed or where they are accused of infringing the rights of others.
Before entering the patent profession, Ean spent several years working as a design engineer for Marconi and Motorola. This real-life commercial experience was invaluable and gives Ean an insight into some of the challenges faced by clients.
Ean was also mentioned in Managing Intellectual Property’s IP Stars guide in 2017 and described as a “problem solver” by a client.
European patents granted on or after the date of entry into force of the package will be able to choose a unitary patent.
If the patent needs to avoid the UPC, the patent can be classically validated and an opt-out filed. This will maintain the current status quo. If the patent does not need to avoid the UPC, the value of a UP validation can be assessed against the value of multiple classical validations. If a UP is good value, the request can be made within 1-month of grant. Otherwise, the patent can be classically validated with UPC having jurisdiction for infringement and revocation actions.
Applicants will be able to opt for a UP as soon as the package enters force. It will therefore be an option for European patents pending or filed after the package enters force. The availability is determined by the date of grant.
The overriding decision during the transitional period will be whether the patent needs to avoid the UPC. If the patent needs to avoid the UPC, the patent will need to be classically validated and an opt-out filed on the European patent. We recommend filing the opt-out as part of the grant procedure. However, the patent will be able to opted-out at any point during the transitional period.
If the UPC is not a concern or is determined to be beneficial over national court jurisdiction, a value comparison can be made between the UP and classical validations. Applicants should consider cost and flexibility. If UP is good value, a UP request should be filed within 1-month of grant.
If the UPC jurisdiction is desired but the UP is not good value over classical validation, the patent can be classically validated within 3-months of grant. This is the current situation. Infringement and revocation proceedings can be brought in the UPC unless the patent is opted-out during the transitional period.
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