Unified Patent Court and Unitary Patent

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UPC Decisions

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  • Hamburg Local Division

    LD Hamburg, April 7, 2026, final order, UPC_CFI_2255/2025

    Universal jurisdiction doctrine consolidated: The panel — departing from its own earlier position in Dyson/Dreame I (UPC_CFI_387/2025) and following the Court of Appeal’s ruling (UPC_CoA_789/2025 and UPC_CoA_813/2025) — held that the UPC is a court of a member state within the meaning of Art. 71a BR. Its territory encompasses all Contracting Member States. Consequently, the UPC possesses universal jurisdiction …
    4 min Reading time
  • Central Division, Munich Central Division

    CD Munich, April 8, 2026, Decision, UPC_CFI_280/2025

    A realistic starting point in the same technical field does not automatically render the claimed invention obvious (Art. 56 EPC, Art. 65(1)–(2) UPCA).: Even if prior art qualifies as a realistic starting point, it remains relevant for the inventive step assessment that it relates to a different kind of device and solves a different problem …
    4 min Reading time
  • Luxembourg Court of Appeal

    Court of Appeal, April 7, 2026, Order, UPC_CoA_21/2026

    Security for costs under Art. 69(4) UPCA can only be ordered against the applicant who is initiating proceedings. Never in the applicant’s favour.: An “applicant” is defined as the person who initiates legal proceedings by filing an application. This one-directional mechanism ensures that the party brought involuntarily into proceedings is protected against unrecoverable costs. At …
    5 min Reading time
  • Luxembourg Court of Appeal

    Court of Appeal, March 30, 2026, Order, UPC_CoA_12/2026

    A party or its representative may prepare a private transcript of an oral hearing, based on an audio recording pursuant to R. 115 RoP. When producing a private transcript, a party or its representative may obtain support of an assistant or support staff, such as a stenographer, working in the presence and under the supervision …
    2 min Reading time
  • Luxembourg Court of Appeal

    Court of Appeal, March 30, 2026, Order, UPC_CoA_302/2025, CoA_305/2025

    Cost determination proceedings must always be initiated at the Court of First Instance, regardless of whether costs arise from first instance or appeal (R. 150 et seq. RoP): The cost determination procedure under Rules 150 et seq. RoP is a separate proceeding that must be filed with the Court of First Instance. The RoP does …
    2 min Reading time
  • Luxembourg Court of Appeal

    Court of Appeal, March 27, 2026, Decision, UPC_CoA_409/2025, UPC_CoA_410/2025, UPC_CoA_420/2025

    Logging into the UPC’s Case Management System does not constitute an “entering of an appearance” to establish jurisdiction under the Brussels Ia Regulation.: The mere access to the file, before any active step or defense, is however not sufficient to establish a deliberate choice regarding the jurisdiction of the UPC. Another step is required in …
    2 min Reading time
  • Luxembourg Court of Appeal

    Court of Appeal, March 30, 2026, Order, UPC_CFI_899/2025

    Failing to contest jurisdiction in first instance forecloses the objection on appeal (Art. 26(1) Brussels I Recast, R. 19.7 RoP).: By not contesting the jurisdiction and competence of the Court in First Instance, the Defendant in first instance has in principle foregone this opportunity on appeal and cannot raise the alleged lack of jurisdiction and …
    4 min Reading time
  • Hamburg Local Division

    LD Hamburg, March 31, 2026, alignment of deadlines, UPC_CFI_360/2026

    A minor deviation in deadlines for multiple defendants makes a request to align them reasonable for procedural efficiency, as per the court’s discretion under R. 9.3(a) RoP. : Given that the current deadlines would deviate by only 20 days, the defendants’ request for alignment of the time limit for filing the Statement of Defence is …
    2 min Reading time
  • Paris Central Division

    CD Paris, March 30, 2026, Decision, UPC_CFI_258/2025

    The revocation of an independent claim does not automatically affect the validity of unchallenged dependent claims, as the latter may possess autonomous patentability due to additional technical features.: Following the revocation of an independent claim, the patent proprietor may amend the patent to recast surviving dependent claims into independent form, provided the resulting configuration complies …
    3 min Reading time

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FAQ – General questions about the Unified Patent Court and the Unitary Patent

A Unitary Patent is a European patent for which, after grant, unitary effect has successfully been requested by the proprietor. A traditional European bundle patent granted by the EPO needs to be validated in the respective member states of the EPO and annuities have to be paid to the respective national patent offices to keep the patent in force in the respective members states. In contrast, for a Unitary Patent only a single annuity has to be paid, centrally to the EPO. That also means that the Unitary Patent cannot be partly abandoned in selected countries via non-payment of the respective national annuity.

For all European patents granted on or after the date of entry into force of the UPC Agreement (June 1, 2023), unitary effect can be requested within one month after grant.

The Unified Patent Court will not only be competent for Unitary Patents but also for all existing and future European bundle patents. By filing an opt-out, the respective European bundle patent is removed from the jurisdiction of the Unified Patent Court. It can then only be litigated on a national level, unless the opt-out is withdrawn. If an opt-out is withdrawn, the patent cannot be opted out again. Note that Unitary Patents cannot be opted out.

Opting out a patent removes it from the competence of the Unified Patent Court. Hence, it can no longer be attacked by central revocation proceedings at the Unified Patent Court. This may be a reason to file an opt-out. To bring the Unified Patent Court back into the game, e.g., to assert a patent at the Unified Patent Court after having filed an opt-out, the opt-out can be withdrawn. However, a withdrawal is no longer possible if national proceedings have been initiated, e.g., if a national nullity action has been filed. The risk of not being able to get back into the Unified Patent Court system may be a reason not to opt-out.

The language of proceedings at the UPC central division will be that in which the patent was granted (English, German, or French). At a local or regional division, the language of the proceedings may be national language of the respective countries or one of the official languages of the EPO (English, German, or French) if so designated by the respective countries of the local or regional division.

Currently, there are 17 member states: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, and Sweden.

The infringement of Unitary Patents can only be asserted at the Unified Patent Court. The infringement of national patents can only be asserted at the respective national courts. For European bundle patents there is a transitional period of 7 years during which infringement can be asserted both at the Unified Patent Court and at national courts in countries in which the patent is validated, unless the patent is opted out, in which case only the national courts have jurisdiction. This dual jurisdiction is not affected by the initiation of actions at the Unified Patent Court or at a national court, i.e., even if a European bundle patent is asserted against an infringer at a national court, it can later still be asserted at the Unified Patent Court and vice versa.

Patent infringement proceedings at the Unified Patent Court will have a strict and tight schedule which intends a first instance decision within 10-12 months. Any decision will cover all member states of the Unified Patent Court. The Unified Patent Court has appointed the leading patent judges in Europe, most of whom have previously been presiding judges at the leading national patent courts in the member states. This ensures highest quality at the Unified Patent Court. Also, the court fees are rather low and the recoverable costs are rather high, which makes the Unified Patent Court attractive for plaintiffs.