On June 1, 2023, the new European patent system came into force, fundamentally changing patent protection and the enforcement of patents in Europe. A new court (Unified Patent Court – UPC) was established and a new patent right, the European patent with unitary effect (Unitary Patent), was introduced. It is now possible to obtain a judgment with effect in all participating member states (currently 18 EU states) with a single action based on a unitary patent or a conventional European patent.
We have compiled the essential information on the UPC and the unitary patent for you in a “special newsletter”.
Preu Bohlig has a patent litigation team with seven representatives authorized to appear before the UPC and other attorneys specializing in patents. Our experts have already gained extensive experience in proceedings before the UPC, including the preservation of evidence, preliminary injunctions, infringement actions, and nullity actions.
Our team has demonstrated its expertise in the field of the UPC through numerous lectures and publications, including contributions to the following commentaries:
Unified Patent Court (UPC)
Specializing in patent litigation, a civil court with decision-making authority for all participating Member States has been established within the EU for the first time. The first instance consists of a Central Division based in Paris and branches in Munich and Milan, as well as local and regional Division in various member states, with a total of four local Division established in Germany in Munich, Düsseldorf, Hamburg, and Mannheim. Appeals are decided by a central appeal court based in Luxembourg.
The UPC has exclusive jurisdiction over unitary patents. Disputes concerning conventional European patents without unitary effect may, for a transitional period, be brought either before the national courts or before the UPC. The jurisdiction of the UPC thus covers all existing and future European patents, with the exception of patents for which an opt-out from the UPC system has been declared.
The scope of the UPC’s judgments extends to all member states participating in the system in which the unitary patent or conventional European patents take effect. Currently, 18 EU states are participating in the new system. The UPC can therefore issue injunctions and revoke patents for these states with a single decision that affects all national parts of an EP simultaneously.
The UPC decides on all typical patent disputes, such as infringement actions, preliminary injunctions, measures for preserving evidence, and revocation actions. As a special feature compared to the procedure in Germany, the UPC is also competent for revocation actions that can also be brought as counterclaims in infringement proceedings.
