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Unified Patent Court

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European Unitary Patent and Unified Patent Court

The UPC system is currently expected to come into existence in late 2022 or early 2023. Once the Unitary Patent comes into being, it will enable the patent proprietor to request ‘unitary effect’ after a European patent is granted, thereby obtaining a Unitary Patent which provides uniform patent protection in the 25 EU Member States currently participating in the Unitary Patent System.  

Should your patent portfolio be opted out?

There is one key question your business must consider before the UPC comes into effect: should your patent portfolio, or part of your portfolio, be opted out of the regime? All existing European Patents will be included in the UPC regime automatically unless they are actively opted out. 

Factors to consider in assessing whether to opt patents out of the UPC regime include: 

Cost of parallel litigationCosts of Unitary Patent vs classic bundle of EPsGeographic scope of protection requiredProtection in Member States that have not adopted the Unitary Patent
Risk of central revocationSpeed of infringement proceedingsPan-European injunctionDamages award in 25 Member States
Ability to litigate in a second jurisdiction after losing first actionAbility to affect development of UPC jurisprudenceInitial uncertaintyUnified jurisprudence
Front loading of pleadingsAvailability of disclosure or discoveryThird party access to Court documentsTactical litigation tools available in UPC vs Member States

We are prepared for the Unitary Patent and Unified Patent Court whenever they might come into effect and can assist you in deciding whether to opt patents out of the UPC regime. 

Our Unified Patent Court specialists

Our team of lawyers and patent attorneys are well placed to advise clients on actions before the new Unified Patent Court. 

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