Unified Patent Court
A unitary patent is a ‘European patent with unitary effect’ which has been granted by the EPO under the rules and procedures of the EPC.
18
EU member states
1
Renewal fee to EPO
2023
System in force since
UPC
Single court
What is the role of the UPC?
International court
The UPC is an international court established according to the ‘Agreement on a Unified Patent Court’ by the participating EU Member States, comprising a court of first instance, an arbitration and mediation center, and a common registry.
Operational since 1 June 2023
The UPC has been operational since 1 June 2023. Its primary goal is to deal with infringements upon and the validity of unitary patents, existing European patents, pending patent applications, and Supplementary Protection Certificates.
Faster, Europe-wide proceedings
Court proceedings are initiated much faster – the UPC aims to reach a first-instance decision within approximately 12-14 months, with the oral hearing typically completed in a single day.
The importance of UPC
No need to litigate in multiple countries
The UPC acts as a single court. The applicant is not required to apply to all of the courts of the EU member states in order to protect their patent’s rights. With that in mind, once a patent is revoked by the ‘Unified Patent Court’, it is also automatically revoked in any European member states participating in the UPC agreement.
More cost-effective, Europe-wide litigation
The ‘Unified Patent Court’ is a more cost-effective, Europe-wide form of option when it comes to launching litigation procedures. It makes the process of undertaking litigation much more cost-effective and rapid, as well as providing Europe-wide legal coverage.
UPC locations
Paris
Central Division – Court of First Instance
Munich
Germany – thematic section of the Central Division
Milan
Italy – thematic section
Stockholm
Nordic-Baltic Regional Division (LT, LV, EE, SE, DK, NO, IS)
Luxembourg
Court of Appeal
The possibility to ‘Opt-Out’
The ‘Unified Patent Court’ has jurisdiction both over unitary and European patents. However, during a transition period which covers seven years, patent owners have an opportunity to ‘opt-out’ their European patents from the jurisdiction of the ‘Unified Patent Court’ to remain within the jurisdiction of a specific national court within each EU member state (just as is the case today). Despite this, any unitary patents cannot be ‘opted-out’ from the jurisdiction of the ‘Unified Patent Court’.
The UPC, as a unified pan-European patent litigation court with professional judges heading it who specialise in patent law, greatly facilitates patent litigation, reduces the costs incurred for all parties, and reduces litigation time. In addition, UPC court rulings are automatically valid in all European Union member states participating in the UPC agreement. The establishment of the ‘Unified Patent Court’ is of particular benefit to the creation and development of a common case law in the field of patents.
The UPC, as a unified pan-European patent litigation court with professional judges heading it who specialise in patent law, greatly facilitates patent litigation, reduces the costs incurred for all parties, and reduces litigation time. In addition, UPC court rulings are automatically valid in all European Union member states participating in the UPC agreement. The establishment of the ‘Unified Patent Court’ is of particular benefit to the creation and development of a common case law in the field of patents.
