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The Unified Patent Court (UPC) and the Unitary Patent

Navigating the new European patent system

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Introduction

The introduction of the European patent package - the creation of a single court in which to hear European patent disputes (the Unified Patent Court (UPC)) plus a unitary patent right (UP) across most of the EU - is the culmination of decades of work, but is now in its final stages: the Provisional Application Period has commenced and practical preparations can now be made for the start of the new court as early as autumn 2022.

Once the new system is in place it will bring with it fundamental changes to the way in which patents can be litigated in Europe. This Hub aims to give you the background you need on the practical changes introduced by the UPC and UP system, including the implications for patent litigation and patent filing strategies. Click on the boxes below for more information.    

   

How can we help?

Our fully integrated, market leading team, is on the ground in France, Germany, Italy and the UK and has decades of experience in running multi-jurisdictional patent litigation in respect of our clients' most valuable products, including experience in the jurisdictions which will inform the UPC's procedure in due course. Once commenced, the new UPC system will have jurisdiction over EPs in all participating EU member, but litigation will also need to continue in non-participating EPC states (including the UK and three EU MSs) as well as in national courts in relation to EPs opted out of the new system. So the execution and management of multi-jurisdictional patent litigation will still be a key element of patent enforcement in Europe, in which our team has unrivalled experience. We will be able to use legal, technical and strategic skills from across our whole European team to give you the best advice on your matters, with the qualifications necessary to handle cases whether they are in the UPC or key national courts. 

For more information and advice on preparing for the new system, please contact Sebastian Moore, or any of the other key contacts listed below. Please see also our quick guide to the UPC and unitary patents, via the boxes below. 

UPC LATEST NEWS

The UPC Rules of Procedure are now in force

8 September 2022

The UPC Committee has issued a consolidated version of the UPC Rules of Procedure following the approval of final changes to the 18th draft in July. These Rules are now in force as of 1 September 2022. For details of the final changes made to the Rules before their implementation, see our blog post here.

Consolidated versions of the Rules are also available in French and German, the other official languages of the UPC.

MORE NEWS ON THE UPC

In the media: HSF on the UPC & UP

UPC: Review licensing deals to avoid heartbreak, counsel warn

20 June 2022

Laura Orlando’s comments on reaching agreement on who has the right to seek or request opt-out or opt-in in relation to European patents and the up-coming UPC jurisdiction over them have been quoted by Managing Intellectual Property in an article of 16 June 2022: UPC special focus: Review licensing deals to avoid heartbreak, counsel warn.

 

MORE IN THE MEDIA

Key Contacts