Any person who, if a national patent had been granted for an invention, would have had in a Contracting Member State a right based on the prior use of that invention, or a right to personal possession of that invention, shall enjoy in that Contracting Member State the same rights in a patent for the same invention. CONSIDERING that this Agreement is open for accession by any Member State of the European Union, whereas Member States which have decided not to participate in enhanced cooperation in the field of the creation of unitary patent protection may participate in this Convention in respect of European patents granted for their respective territories; « In this context, questions about the consequences of the UK`s withdrawal were discussed, as well as appropriate avenues. Good progress had been made and the Committee was confident that pragmatic and law-based solutions would be found that would make the unitary patent system operational in the near future. A supplementary protection certificate confers the same rights as the patent and is subject to the same restrictions and obligations. 3. If immunity has been waived and criminal proceedings are instituted against a judge, that judge shall be tried in one of the Contracting Member States only by the court having jurisdiction to try the members of the highest national court. The UPC will provide a better framework for all parties involved in patent litigation in Europe. In particular, costs will be reduced, as parties will not have to compete in parallel patent litigation in different Member States. Divergent decisions of different national courts regarding the infringement and validity of the same patent will cease if the UPC develops truly European case law, thus increasing legal certainty for all users. Over time, a more efficient and balanced system of patent litigation will be established for the benefit of both patent holders and third parties, namely: `European patent`, a patent granted in accordance with the provisions of the EPC and which has no unitary effect under Regulation (EU) No 1257/2012.
The EPV will be an international court with jurisdiction over patents granted by the EPO. This specialised court will allow patents to be applied throughout Europe, provide greater legal certainty and reduce procedural costs. The Court relies on an international treaty, the UPCA. 3. Subject to the agreement of the competent body, the parties may agree on the use of the language in which the patent was granted as the language of the proceedings. If the body does not approve its choice, the parties may request that the case be referred to the Central Chamber. traineeships in national patent courts or divisions of the Court of First Instance which are seised of a considerable number of patent disputes; 1. A training framework shall be established for judges, the modalities of which shall be laid down in the Statutes, in order to improve and broaden the expertise available in patent litigation and to ensure a wide geographical distribution of such specific knowledge and experience. The facilities of this framework are located in Budapest.
4. Unless an appeal has already been brought before a national court, proprietors or applicants of European patents or holders of supplementary protection certificates granted for a product protected by a European patent and used by the opt-out in accordance with paragraph 3 shall be entitled to withdraw their opt-out at any time. In that case, they shall inform the register therea. The revocation of the opt-out takes effect with its entry in the register. 1. The General Court shall rule on the validity of a patent on the basis of an action for annulment or an action for annulment. the manufacture, offer, placing on the market or use of a product covered by the patent, or the importation or storage of the product for those purposes; 1. . . .