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Unified Patent Court

The introduction of the Unitary Patent (UP) and Unified Patent Court (UPC) is one of the most significant IP developments in Europe for decades.  These two new pillars of patent law and practice came into effect on 1 June 2023, following the conclusion of the 3‑month sunrise period.

CMS has followed the development closely. Find our insights on the UPC and the Unitary Patent System on the pages below. For more detailed information on the impact on your business now the Unified Patent Court has launched contact your local CMS office.

Explore more

Are your agreements UPC-proof?
UPC Opt-out
Proceedings before the UPC
UPC - Remedies & Enforcement
Structure of the Unified Patent Court (UPC)
Unitary Patent - Examination and Costs
Unitary Patent - Introduction
UPC and UP
Consequences for business in countries that did not sign the UPC Agreement
CMS UPC Tracker

Authors

Portrait ofMarkus Deck
Markus Deck, M.C.J. (University of Texas, Austin)
Duesseldorf
Portrait ofJean-Baptiste Thiénot
Jean-Baptiste Thiénot
Paris
Portrait ofPaola Nunziata
Paola Nunziata
Rome
Portrait ofEgon Engin-Deniz
Egon Engin-Deniz
Vienna
Portrait ofRogier Vrey
Rogier de Vrey
Amsterdam
Portrait ofCaitlin Heard
Caitlin Heard
London
Portrait ofMaría González Gordon
María González Gordon
Madrid
Portrait ofTomasz Koryzma
Tomasz Koryzma
Warsaw
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11/12/2024
UPC: (Even) more cases soon?
Two recently published decisions could pave the way for even more proceedings before the UPC.The incentives come from completely different directions: In the case of AIM Sport v. Supponor Oy et al., the...
18/11/2024
UPC: Urgent or not – that is the question here
In a recently published order, the Lisbon Local Division has further clarified the requirements for granting provisional measures.We have already reported on provisional measures before the Unified Patent...
08/11/2024
UPC: (International) jurisdiction and UPCA Contracting Member State
The Local Division The Hague has issued an order dealing with the concept of a Contracting Member State and international jurisdiction of the UPC, among other things.The order of the Local Division The...
01/11/2024
UPC: Another victory for NanoString
The Central Division (Munich Section) has declared an important patent null and void at NanoString's request. The decision represents another significant victory for NanoString.We have already reported...
10/07/2024
Navigating the UPC: Insights from Year One
Join us on 10 July at 3:00 pm (CET) for an insightful online seminar as we delve into the inaugural year of the Unified Patent Court (UPC). Since its opening in June 2023, the UPC has changed the patent enforcement landscape in Europe and affected patent strategies for many companies. 12 months into its operation, we will analyse the trends emerging from the first decisions and the implications for overall strategies for patent en­force­ment. Dur­ing the webinar, you will hear from CMS patent experts (lawyers and patent attorneys) from several jurisdictions, including Austria, France, Germany, the Netherlands, and the UK. They will provide a comprehensive overview of the UPC’s first year in numbers and discuss the issues relating to preliminary injunctions, security for cost and enforcement. You will also hear about the pros and cons of opting out of the system and why you might want to reconsider this de­cision. Wheth­er you are a patent holder or a licensee, whether you have opted out of the Unitary Patent System or not, this webinar will provide valuable insights into the impact of the UPC on all companies with innovative activities in Europe.  Topics covered:  UPC’s year one in numbers – overview in stat­ist­ics Pre­lim­in­ary injunctions – Landmark decisions in the UPC’s first year Victory – what happens next? Should you revisit your opt-out decision?The webinar will be held in English language and attendance is free of charge. Please register by clicking on the button below.
25/04/2024
UPC: Court of Appeal clarifies questions of public access to certain procedural...
In its decision dated 10 April 2024 (UPC_CoA_404/2023, ORD_19369/2024), the Court of Appeal of the Unified Patent Court (UPC) ruled on the requirements for public access to written pleadings and evid­ence.Based...
23/04/2024
On the Pulse webinar series 2024 - Spring/Summer
Welcome to the 2024 On the Pulse webinar series.  This webinar series brings you updates on the latest legal and commercial developments in the life sciences & healthcare sector from around the world. Over the coming period, we will be hosting two webinars on:Unified Patent Court (UPC) - 23 AprilEU Pharma Package - 18 JuneEach webinar will be one hour in length with a 15-minute Q&A session.
31/05/2023
UPC – the “Long-arm” jurisdiction
UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC...
20/03/2023
Out with the old, in with the new? Considerations for patentees in opting...
So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent...
08/03/2023
Out with the old, in with the new? Procedural features of the Unified Patent...
In our previous article, we looked at the current European system of patent prosecution and enforcement and highlighted some of the key changes that will be coming with the new Unitary Patent and Unified...
22/02/2023
Out with the old, in with the new? Comparing the existing European Patent...
In this first of three articles, we compare the current European system of patent prosecution and enforcement with the new Unitary Patent and Unified Patent Court which will come into effect on 1 June...
20/02/2023
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...