Unified Patent Court and Unitary Patent

This platform intends to provide IP practitioners with actionable and searchable summaries of all relevant decisions rendered by the Unified Patent Court. Quickly find the decision(s) you are looking for by using our text-based search, categories, or tags.

  • Mannheim Local Division

    LD Mannheim, March 11, 2025, decisions, UPC_CFI_159/2024, UPC_CFI_162/2024

    Infringement of traditional European patents (“bundle patents”): The applicable substantive law depends on whether the act was committed after the entry into force of the UPCA on June 1, 2023 (then UPCA), before (then national laws), or is “ongoing” (then generally UPCA with exceptions).: If the assertedly infringing act was committed after the entry into …
    3 min Reading time

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UPC Decisions

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  • Munich Local Division

    LD Munich, March 11, 2025, Order, UPC_CFI_201/2024

    Timely lodging of statement of claim upon order of provisional measures: payment of court fees relevant (not timing of receipt): The applicant of provisional measures has to “start proceedings on the merits” of the case within 31 calendar days (or 20 working days, whichever is longer) from the date specified in the Court’s order (R. …
    2 min Reading time
  • Mannheim Local Division

    LD Mannheim, March 11, 2025, orders, UPC_CFI_159/2024, UPC_CFI_162/2024

    If infringement proceedings are ready for decision with regard to single national parts, decision should not be withheld if this would delay enforcement: This decision has gained relevance in light of the recent decisions on the long-arm jurisdiction (cf. CJEU, BSH v Electrolux (C-339/22); UPC LD Dusseldorf, Fujifilm v Kodak (UPC_CFI_355/2023) according to which the …
    2 min Reading time
  • Duesseldorf Local Division

    LD Düsseldorf, March 4, 2025, Procedural Order, UPC_CFI_468/2024, UPC_CFI_687/2024

    Referral of Counterclaim for Revocation (Art. 33(3)(b) UPCA, R. 37.2 RoP): The Local Division Düsseldorf referred the counterclaim for revocation to the Central Division in Milan. The Parties had unanimously requested the, and requests by all parties will be granted unless strongcounterarguments require a different decision (UPC_CFI 14/2023 (LD Munich), Order of 2 February2024 – …
    4 min Reading time
  • Duesseldorf Local Division

    LD Duesseldorf, March 7, 2025, Decision of Court of First Instance, UPC_CFI_459/2023

    Late submission of new attacks on validity: The nullity plaintiffs raised two new validity attacks during the oral hearing: a novelty attack based on D7 (Onsemi) and an inventive step attack combining D3 (Nguyen) and D4 (Lürkens). Neither of these new attacks was considered, as they were raised for the first time during the oral …
    4 min Reading time
  • Munich Central Division

    CD Munich, February 28, 2025, Order, UPC_829/2024

    Revocation action initiation (R. 42 RoP): The revocation action was initiated by the defendant against the original claimant (Virdia Inc.). Application for substitution of parties (R. 305 RoP): The original claimant (Virdia inc.) applied to substitute the party with the new patent proprietor International N&H Denmark ApS. This is supported by a 2024 patent assignment …
    2 min Reading time
  • Munich Local Division

    LD Munich, February 28, 2025, Order, UPC_CFI_483/2024

    Amendment of case (Rule 263 RoP): The claimant sought to amend the case to include the Netherlands after the patent was restored there. The application was made under Rule 263 of the Rules of Procedure (RoP) of the Unified Patent Court (UPC). Reasonable Diligence Requirement (Rule 263.2(a) RoP) : The claimant failed to demonstrate reasonable …
    3 min Reading time
  • Paris Central Division

    CD Paris, March 03, 2025, Order, UPC_CFI_164/2024

    Representation (Art. 48(1) or (2) UPCA): A UPC representative with extensive administrative and financial powers within a legal entity cannot validly represent that entity before the UPC. The representative must be sufficiently independent to ensure fair representation in patent law matters. Remediable defect (Rule 361 RoP) : Lack of valid representation renders pleadings void but …
    2 min Reading time
  • Duesseldorf Local Division

    LD Düsseldorf, March 04, 2025, Order, UPC_CFI_115/2024, UPC_CFI_377/2024

    Denial of additional written submissions (R. 36 RoP): The judge-rapporteur can permit additional submissions only if a justified request is made before the conclusion of the written procedure. The court denied both parties’ requests for additional written submissions due to non-compliance with procedural rules. Timing and justification of requests (R. 36 RoP) : The claimant’s …
    2 min Reading time
  • Luxembourg Court of Appeal

    Court of Appeal, March 3, 2025, Order, UPC_CoA_523/2024

    Price erosion is an important factor to be considered when evaluating the necessity of provisional measures. : A move from a market situation where only one product is available, to one where there are two competing products, can be expected to lead not just to price pressure but to a permanent price erosion. This risk …
    4 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.