Avid Bioservices Inc (CDMO)

[cheynew]

I was concerned that the European patent application for betabodies is being delayed "a few months" until the unified patent system is established. According to Ropes & Gray, a very prestigious law firm, it won't be in effect until the end of 2015 AT THE EARLIEST. It doesn't seem prudent to wait that long to apply IMO. From Ropes & Gray's website:

Latest Developments

As of October 1, 2014, Austria, Belgium, Denmark, France and Sweden have all fully ratified the Agreement. Many other EU countries are planning to establish a division. Ratification appears to be a mere formality, at this point. Aside from the Spanish Challenge (see below), the primary steps to going live appear to be logistical, including the IT structure and funding allocations and cost determinations. We expect more details on these issues soon.

The latest news from the Preparatory Committee is that the new system will come on line “no sooner than late 2015” – roughly a year from now.
Over 1300 candidates have applied to become judges in the UPC. The Preparatory Committee approved its initial list of candidates in July 2014. Of the candidates, 170 were identified as legally qualified and eligible, with 340 additional technically qualified judges. We’re hearing that the eligible candidates are very strong, which should bode well for the new court.

The judge Training Centre was opened in Budapest on March 13, 2014. The EPO will have an active role in training the judges.
On July 1, 2014 the Court of Justice of the European Union (CJEU) heard the second legal action brought by Spain, challenging the legality of the new UPC. The CJEU Advocate General is expected to give his opinion on October 21, 2014, with the Court expected to render its final decision towards the end of the year. The first action was denied in April 2013. Preparations for the court are being made in Europe as if this second challenge will also be denied; but we won’t know with certainty until the decision is handed down.
On June 5, 2014, Sweden became the third EU member state to complete its ratification of the UPC Agreement, joining France and Austria. Sweden deposited its instrument of ratification in Brussels with the General Secretariat of the Council of the European Union on the 5th, following the Swedish Parliament’s approval of legislation that authorized ratification of the UPC Agreement. Sweden is also part of the planned Nordic-Baltic regional division of the UPC, established in March of this year to include Lithuania, Latvia, Estonia and Sweden.

On May 14, 2014 the UK Intellectual Property bill, authorizing the ratification of the UPC, received Royal Assent. As such, the UPC has cleared all substantive hurdles in the UK. The only remaining step is the formality of formal ratification, which is expected to occur in 2015.

The Danish referendum on joining the Unified Patent Court was held in Denmark on 25 May 2014 alongside the European Parliament elections. The referendum was approved with 62.5% of the vote, enabling the government to proceed with the ratification of the Agreement on a Unified Patent Court, which constitutes the legal basis for the Unified Patent Court. Click here to read the press release.

Earlier this year, Sweden, Lithuania, Latvia and Estonia signed an agreement to establish a Nordic-Baltic regional division of the Unified Patent Court, to be located in Stockholm. This is the first agreement on a regional division of the UPC. The division will conduct proceedings in English only. The Swedish government recently gave two patent bills to the Swedish Parliament for approval, proposing ratification of the UPC Agreement.

On April 23, 2014, the Belgian House of Representatives voted to adopt the law authorizing Belgium to ratify the Unified Patent Court Agreement, completing the passage of the draft law through the Federal Parliament (the Belgian Senate approved the law earlier this year). To finalize Belgium’s ratification, the law will need to be signed by the King of Belgium and deposited with the General Secretariat of the Council of the European Union. Belgium is now similarly situated to the UK, which passed draft legislation authorizing ratification of the UPC Agreement on April 2, 2014. Only France and Austria have fully ratified the treaty thus far.

April 3, 2014 Status of Ratification of Agreement on a Unified Patent Court

At its fifth meeting held on March 18, 2014, the Preparatory Committee for the Unified Patent Court (UPC) announced that it will be necessary to revise its target date for the launch of the UPC, from early 2015 until at least the end of 2015 (Read more). A revised roadmap will be published in due course.

Preparatory work for the UPC is continuing in earnest, with the inauguration on March 13, 2014 of training facilities for the UPC Judges in Budapest being acknowledged by the Preparatory Committee as a significant milestone towards the implementation of the UPC.

- See more at: http://www.ropesgray.com/eu-patent-court.aspx#sthash.74duJo6E.dpuf