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.
LD The Hague, November 22, 2024, Decision on the merits, UPC_CFI_239/2023
Assessment of the scope of protection in infringement cases in two steps: (i) literal infringement; (ii) infringement by equivalence: The UPCA contains no provision on the infringement by equivalence, however, Art. 2 of the Protocol to Art. 69 EPC makes clear that equivalence must be considered: “For the purpose of determining the extent of protection …6 min Reading time→
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UPC Decisions
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UPC Knowledge Base
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UPC monthly Report 10/2024
At the Court of First Instance, a total number of 538 cases is now pending, with the Munich and Düsseldorf Local Divisions increasing their lead. In sum, there are only 6 Local Divisions which attracted more than 10 cases (Munich, Düsseldorf, Mannheim, Hamburg, Paris and The Hague). German Local Divisions maintain their edge with a…
3 min Reading time→UPC Knowledge Base
UPC Videos
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IP Quick Tip: First experiences at the UPC
The development of the recently established UPC is very exciting and still in its early stages. However, certain trends already seem to be robust. So, we have answers to these questions: How does the international panel of judges work? What should you prepare for the audio recorded oral hearings? Watch our latest IP Quick Tip,…
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The State of Play at the UPC from a Japanese Perspective: Insights from Active UPC Litigators
Join three active UPC litigators involved in over 30 UPC actions to discuss what these developments mean from a Japanese perspective and how Japanese companies can adjust and complement their enforcement and defense strategies in light of the emerging legal framework.
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IP Experts LIVE: UPC vs. national and supra-national courts – strategy review
For both plaintiffs and defendants, it is critical to understand the interplay of UPC and national court proceedings and the strategic options it provides. When the Unified Patent Court has operated one month, our attorneys Johannes Heselberger and Dr. Tobias Wuttke reviewed relevant strategic considerations.
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Untangling the UPC: What in-house patent experts need to know now
JUVE PATENT and BARDEHLE PAGENBERG invited in-house IP counsel and expert guests from selected tech firms to an informal in-house IP networking event. The Unified Patent Court opened for business on 1 June; 20 days in, we wanted to reflect on this historic milestone and explore what the future will bring. The first few months of…
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FAQ – General questions about the Unified Patent Court and the Unitary Patent
What is a 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.
How and when can a Unitary Patent be obtained?
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.
What is an Opt-Out?
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.
Why should or shouldn’t I opt out my patent(s)?
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.
Which language will be used at the Unified Patent Court?
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.
Which countries will participate in the new system?
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.
Where can I file patent infringement actions in the new system?
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.
Why should I assert my patents at the Unified Patent Court?
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.