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What is the Unified Patent Court (UPC)?

The Unified Patent Court is a court set up to adjudicate in particular on infringement and validity of both Unitary Patents and classic European patents in the participating member states of the European Union. The UPC aims to provide legal certainty and procedural efficiency across the territory. Given these aims, patentees will be ensured uniform, effective and efficient enforcement of their patents and so protect their investment in innovation. Likewise, defendants can be assured of a fair and uniform process across the territory. These factors enhance the attractiveness of Europe as a location for business and investment.

The UPC enters into force on June 1, 2023.

How does the UPC strengthen the competitiveness of European industry?

The UPC simplifies patent litigation across the participating member states of the European Union by establishing a single patent court for the whole of the territory. The complexity and associated cost of litigation in multiple states is thereby avoided. The UPC will enhance legal certainty by eliminating the risk of conflicting national decisions and by harmonizing the case law.

The reduced complexity and cost of litigation will be particularly attractive for SMEs and start-ups, helping them to access the patent system to protect the fruits of their investments.

Moreover, the creation of a single patent enforcement landscape will enable the flow of technology across borders without the fear of differing enforcement regimes. This is will enhance the competiveness of European business.

The ability to expand markets and operations within the territory in the knowledge that the patent enforcement regime will now be the same is a real advantage of the UPC. This allows businesses to exploit better the rich variations in resources both natural and human across the territory.

In addition, the business friendly environment and certainty created by the UPC will also encourage international investment both in manufacturing and in research and development.

In summary, the UPC provides a uniform legal foundation for the enforcement of patent rights across the participating EU states. Within this simplified regime, business can innovate and prosper.

For further information

May 2023 - New organizational developments in the Central Division regarding actions on patents in International Patent ClassificationSection A (Human Necessities) and Section C (Chemistry; Metallurgy).

The Presidium of the Unified Patent Court decided that, as from 1 June 2023, and pending the selection of a third location to replace London, actions before the central division concerning patents in IPC section (A) shall be assigned to Paris (France) while section (C) shall be assigned to the Munich section.

Standing to Act for a Patent Pool Manager

Rule 313 of the Rules of Procedure of the Unified Patent Court (UPC) specifies the conditions under which a third party can intervene before the court. Specifically, Rule 313.1 allows a third party to request intervention at any stage of proceedings before the Court of First Instance or the Court of Appeal if they can demonstrate a legitimate interest in the outcome of the case.

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First Anniversary of the UPC

On June 1, 2023, the Unified Patent Court (UPC) came into effect, introducing the Unitary Patent alongside it. The Unified Patent Court, or UPC, is a jurisdiction offering a uniform framework for litigation and patent validity disputes, with competence over: European patents with unitary effect; European patents that have not opt-out.

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UPC: What about agreements?

European patent with unitary effect (UP) and the Unified Patent Court (UPC) will enter into force on June 1, 2023. Proprietors of European patents need to be ready for the changes to come and as of now take strategic decisions, in particular in relation to agreements. Here are the main points to look out for to safeguard your rights in relation to your contractual relations.

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UPC: Will the European Patent with Unitary Effect Apply to the Entire Territory of France?

The French part of a European patent has effect throughout France. But the unitary effect patent will not confer the same geographical protection until certain communities have amended their legislation.

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UPC: How to make the best OPT-OUT choice

The possibility of derogating from the jurisdiction of the Unified Patent Court for European patents with national effect is commonly referred to as opt-out. When an opt-out is requested for a European patent or European patent application, only the national courts retain jurisdiction to handle actions relating to that application or patent.

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UPC: Derogation from the exclusive competence of the UPC or "Opt-out"

Upon entry into force, the Unified Patent Court (UPC) will have exclusive jurisdiction over the majority of patent actions (as defined in Article 32(1) of the UPCA) not only for European patents with unitary effect but also for European patents with national effect. The jurisdiction of the UPC extends territorially to all the Contracting Member States having ratified the UPCA at the time the decision is rendered.

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UPC: EP applications in the final stages of prosecution – Using available EPO procedure

The unitary patent indisputably has its advantages. There is a clear strategic interest in keeping open the option of unitary effect for your European patents for as long as possible.

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UPC: Two transitional measures to prepare your EP unitary patent applications

The unitary patent indisputably has its advantages. There is a clear strategic interest in keeping open the option of unitary effect for your European patents for as long as possible.

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UPC : Unitary effect is not automatic

If unitary protection conferred by the European patent aims to make access to the patent system easier, less costly and more legally certain (preamble of Regulation (EU) 1257/2012), it is above all the reduction of costs (a single annual fee) and of administrative requirements which are of real interest to the patentee.

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European Patent Litigators Network

Why did we create the European Patent Litigators Network ?

The Unified Patent Jurisdiction ("UPC") is due to come into force on 1 June 2023 and will simplify patent law and litigation practice in Europe. Two major European IP law firms, Santarelli Group (France) and Meissner Bolte (Germany), have been preparing for this change for years with their teams of experienced attorneys and IP lawyers. With the creation of the European Patent Litigators Network (EPLN), these two firms are combining their expertise in European patent protection and defense. By pooling their resources, they offer a wealth of legal and technical expertise in all aspects of intellectual property - nationally and internationally - enabling them to advise and represent their clients before the UPC in a highly qualified and efficient manner, while keeping costs under control.

A team of experts beyond national borders

Santarelli Group and Meissner Bolte bring together experts with in-depth knowledge of the UPC and Unitary Patent issues. The German team of more than 80 patent attorneys and lawyers is spread over eleven German locations and in one office in the UK. We, Santarelli Group, are represented in several French cities, in two Chinese offices and two American locations. We employs some 75 patent attorneys and lawyers.

In the future, EPLN plans to welcome other international partners from EU Member States participating in the new European patent law system.

Feel free to contact our experts below for more information.