The Unified Patent Court (UPC)
and Unitary Patent (UP)

June 2023 saw the introduction of both the UPC and Unitary Patents (UPs) in Europe, marking the most significant shift in European patent litigation in decades. For both rights holders and third parties, this brings opportunity — but also uncertainty.

The UP provides a single, uniform patent right extending over the 18 participating EU member states.  Prosecution of patent applications before the European Patent Office (EPO) remains unchanged but, on grant, applicants can now request a UP either instead of or in addition to ‘classical’ national validations (which result in a bundle of separate national rights). For those seeking wide country coverage in Europe, UPs provide a cost-effective, efficient but less flexible route to obtain patent protection.

The UPC is a new supranational court with exclusive jurisdiction over UPs as well as jurisdiction over classical nationally-validated European patents (unless opted out) which are in force in the participating EU member states. It provides a unified system for both enforcement and revocation through a single court action. Since its launch, it continues to develop its reputation for speedy and well-reasoned judgments.

The UP and UPC change how patent risk is managed, how portfolios are structured, and how litigation is pursued or defended in Europe.

For more detailed information on the UPC and UP system, please see our FAQs on the Unified Patent Court,  FAQs on the Unitary Patent and FAQs regarding the opt out process

Our UP and UPC services include:

• Unitary Patent Filing & Management
  For patentees seeking wide country coverage, the UP offers a cost-effective and streamlined option for both validation and renewals. UPs are maintained by payment of a single renewal fee to the EPO. However, opting for a UP rather than ‘classical’ national validations limits flexibility, both in terms of coverage and enforcement and there is a risk of central revocation. We can help assess when and where the UP should form part of your strategy in line with your commercial objectives and appetite to risk.
• Strategic Opt-out Advice & Filing
  For ‘classical’ national validations, patentees can control whether their European patents fall within the jurisdiction of the UPC by choosing when to request an opt out of the UPC and when to request withdrawal of the opt out.  Our attorneys can assist with evaluating which patents to opt out based on commercial strategy, enforcement objectives and revocation risk. We can also advise on the timing of the withdrawal of an opt out to take advantage of a pan-European enforcement.
• UPC Litigation Representation
  Our cohesive multi-disciplinary team — with proven EPO advocacy skills and litigation experience before the UK courts — are fully equipped to bring enforcement and defensive actions before the UPC.  With over 25 UPC representatives, we are well placed to represent you directly before any division of the Court, or to coordinate with leading local counsel as part of a pan-European multi-firm team.
• Portfolio Audits & Readiness Planning
  We help clients review European portfolios to align them with the desired level of UPC exposure and potential. This includes identifying high-value or high-risk patents for specific analysis.
• Internal Training & Legal Updates
  We can deliver focused UPC training and briefings for IP teams and legal departments, keeping you up to date and fully informed.

For more information please get in touch with one of the members of our specialist team.