The Unified Patent Court (UPC) and the Unitary Patent

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 are being completed so that the new court can start in late Spring 2023. A recent announcement on the UPC website has delayed the UPC start date (from 1 April) to 1 June 2023 start of the sunrise period for opting European patents out of the jurisdiction of the UPC (from 1 January 2023) to 1 March 2023. See our IP Notes blog post for further details here.

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.