The Unified Patent Court (UPC) has established itself as a key forum for patent litigation in Europe. It enables holders of European patents (whether or not a Unitary Patent has been obtained) to enforce their rights across multiple participating states in a single action, while third parties can bring centralised revocation actions before the Court. Since becoming operational, the UPC has developed a growing body of case law across infringement, revocation, and provisional measures, providing increasing clarity on procedural practice and substantive issues. While the system offers the potential for efficient, cross-border enforcement and greater legal certainty, its evolving jurisprudence and procedural framework mean that careful strategic consideration remains essential for both patentees and challengers.
With 72 UPC representatives spanning all areas of technology, we are exceptionally well placed to draw on extensive contentious experience before the UPC.
Our combined team of European Patent Attorneys, highly experienced in EPO opposition and appeal proceedings, and litigators with deep expertise in national court litigation, is ideally positioned to guide you through this hybrid system. This mirrors the composition of UPC judicial panels, which draw on a similarly diverse range of technical and legal backgrounds. The UPC is also supported by a dedicated Mediation and Arbitration Centre, with locations in Lisbon and Ljubljana. Parties are actively encouraged to consider alternative dispute resolution (ADR), providing an additional, flexible route to resolving disputes.
Under the current transitional arrangements, you will have the choice of whether or not to utilise the UPC or litigate through more traditional routes for some years to come. Our combination of skills and experience will be able to guide you through this complex landscape, always keeping a clear view of the commercial imperatives at work in any dispute.
We are proud and excited to be part of this new era and our clients will find that the same diligence, technical know-how and responsiveness they are used to will serve them as well in the future as it has in the past.
This expertise is further reflected in the publication of the “Annotated UPC Agreement” by Wolters Kluwer, compiled and authored by our firm. The “Annotated UPC Agreement” is a comprehensive guide to the interpretation of the Rules of Procedure and the UPC Agreement. It enables users to easily locate relevant provisions and access links to Orders or Decisions of the Court related to their application. It also provides expert commentary on specific provisions, offering insights into key interpretative points clarified by the Court. You can read more information about the tool and other services from Kluwer IP law here.
