Unified Patent Court
Overview
On June 1st 2023, the unitary patent (UP) was introduced and the Unified Patent Court (UPC) opened its doors. The UP is a European patent that will provide uniform protection across all participating countries and will substantially reduce cost of patent protection across Europe. The UPC will serve as a single venue for proceedings to enforce or invalidate UPs (for which it has exclusive jurisdiction) and European patents (EPs). The UPC’s decisions will have pan-European effect. Seventeen countries take part in the UP system, including Germany, France, Belgium and the Netherlands. In the future, further EU member states may join. Following Brexit, the UK is no longer an EU member state and has decided not to participate, along with Spain, Croatia and Poland.
As one of Europe’s leading IP firms, we understand the challenges and opportunities the new system will bring for parties to pan-European patent litigation. We helped conceive the new procedural system and are familiar with the cultural and legal differences that will undoubtedly affect the UPC. Our seasoned patent litigators have many years of cross-border patent litigation experience in all key European jurisdictions.
The 17 participating countries are Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Portugal, Slovenia and Sweden.
Five things you need to know
about unitary patents and the UPC
More inside thoughts about the UP/UPC
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1. The Unitary Patent
The unitary patent is not a new type of patent but rather a modification of the existing European patent, traditionally regarded as a “bundle” of national rights. Patent holders now have the option of replacing a significant portion of that bundle with the UP, a single patent valid in all participating member states. The choice for a UP (for the 17 participating countries) can be made within three months after the grant of the European patent for the participating 17 countries, provided that these European patents for all countries have the same claims. The costly and complex requirements related to validating and maintaining national patents will cease to exist. The cost of a UP will be more or less equal to validating traditional EPs in four countries. If the patentee does not apply for unitary effect, it will receive a traditional bundle of national rights.
The validity requirements for UP’s are the same as for traditional European patents and will be governed by substantive patent law of the European Patent Convention (EPC). The biggest changes are expected to be on the enforcement side, with the creation of the UPC as a transnational venue for patent litigation in Europe. The UPC will have exclusive jurisdiction to hear UP cases.
- 2. The Unified Patent Court (UPC)