Unified Patent Court (UPC)

The Unified Patent Court (UPC) & Patent protection

With the advent of the Unified Patent Court (UPC) in 2023, the landscape of patent protection in Europe has fundamentally changed. In the past, cross-border disputes regarding the infringement and validity of European patents required litigation in multiple .

Since the UPC opened its doors, there is a European court with jurisdiction to rule on infringement and validity of European patents which have not been opted out of the UPC system, in all EU countries participating in the UPC. Instead of having to initiate separate proceedings in a number of countries, you can now bring a single action before the UPC to enforce your European patent in multiple EU countries at the same time or to have patents that should not have been granted revoked in multiple countries at the same time. For this, a UPC representative is the right person to advise you and to guide you through this process.

Our patent litigation team comprises authorised UPC representatives. We will gladly navigate you through the options and the advantages and disadvantages of litigating before the UPC. Are you looking for assistance in disputes before the UPC? If so, feel free to contact us.

Why should you engage a UPC representative?

The UPC adjudicates cases on both so-called Unitary Patents and traditional European patents. Successful litigation before the UPC requires thorough knowledge of patent law and of the specific procedural rules that apply at the UPC, and extensive experience in cross-border patent cases and strategic decision-making. Our UPC representatives have that expertise and provide advice and assistance in negotiations and during litigation.

The BarentsKrans team is unequalled in their knowledge of European patent litigation practice and strategy.

Legal 500, 2024

The patent team is small but skillful and well aware of clients’ needs

Legal 500, 2023

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More information about the UPC

 

What is the Unified Patent Court (UPC)?

The UPC is a specialised court that has jurisdiction to decide on the infringement and validity of European patents and European patents with unitary effect (Unitary Patents) in the participating EU Member States. It is a centralised system which, in many cases, replaces the need for separate national proceedings.

Which European countries participate in the UPC?

The UPC website (unified-patent-court.org) has an up-to-date list of participating countries. At the time of writing, this number stands at 18 EU Member States.

 

What is the difference between a European patent and a Unitary Patent?

The European Patent Office (EPO) grants a European patent, which is subsequently e validated in the countries where protection is desired. By default, the patent will be subject to the jurisdiction of the UPC, but a patent owner may elect to opt its payment out of the UPC system. In contrast, a Unitary Patent, with a single registration, provides protection in all participating UPC countries and falls under the jurisdiction of the UPC, without the possibility of an opt-out.

Does the UPC also cover patents that have already been granted?

Yes, the UPC also has jurisdiction over traditional European patents that were granted before the UPC came into force, with the exception of the patents for which the patent proprietor has filed an opt-out.

What are the advantages of the UPC?

The main advantages are:

  • Cost savings by avoiding multiple national proceedings;
  • Uniform case law currently being created through one central court;
  • Faster resolution of disputes.
What are the disadvantages of the UPC?

Possible disadvantages include:

  • central revocation of a European patent / the imposition of an injunction covering multiple countries in the same legal proceedings;
  • The system is newly established and the case law is currently being created.
Why is it important to engage a UPC Representative?

The UPC is a new venue, its procedural rules are complex and its material law is currently being developed. A UPC representative is familiar with the procedures, the strategies and the potential pitfalls. Engaging one of BarentsKrans’ UPC Representatives significantly increases the chance of proceedings having a successful outcome.