The Unified Patent Court (UPC) and the European patent with unitary effect (Unitary Patent) are revolutionizing the way patents are enforced in Europe. McDermott’s intellectual property team is deeply familiar with the patent landscape in Europe and the United States and is well-positioned to advise clients on developing an appropriate UPC plan of action and integrating it with their broader international strategy.
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Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed of the latest updates and strategic insights on the new patent court.
What you’ll find in the March 2024 issue:
Is the Top-Down FRAND Approach Officially Trending in Europe?, On the Subject, July 18, 2023
The Proposed EU SEP Regulations: A Quiet Move Toward a Top-Down World?, On the Subject, June 7, 2023
Countdown to the Unified Patent Court, On the Subject, May 22, 2023
The EU’s Draft Regulations on SEP Licensing: Additional Context from the Impact Assessment Report, On the Subject, April 17, 2023
First Look at the EU’s Draft Regulations on SEP Licensing, On the Subject, April 11, 2023
Are You Ready for the UPC? Act Now to Prepare for Its Opening on June 1, On the Subject, March 1, 2023
2022 IP Outlook Report: After a Multiyear Saga, UPC Nears Fruition, March 1, 2022
EU Unified Patent Court Announces Intent to Launch, October 20, 2022
European UPC All Set for Set Up as Protocol Enters into Force, January 27, 2022
European UPC Almost Ready to Launch as Austrian Parliament Approves Ratification, December 9, 2021
Only One More Ratification Needed: European UPC Might Be Ready to Launch, October 7, 2021
Unified at Last? Germany’s Constitutional Court Removes UPC Hurdle, July 22, 2021
SEPs, Medical Devices, E-cigarettes: Biggest UPC Battles Reveal Broad Court Remit, JUVE Patent, January 23, 2024
UPC Court of Appeal Hands Down First Decision at Breakneck Speed, IAM, October 26, 2023
Benefits of Unified Patent Court Compared to Local Litigation, Law360, June 6, 2023
Dawn of EU Unified Patent Court Set to Shake Up Litigation, Law360, May 5, 2023
Questions Abound on EU Plan for New Essential Patent Rules, Law360, May 1, 2023
McDermott Announces Formation of EU Patent Court, Law360, March 1, 2023
OCIPLA Virtual Event, Unified Patent Court: Initial Cases | November 16, 2023
Life Sciences Dealmaking Symposium 2023, IP Workshop: Asset Valuation and the Changing International Landscape | November 9, 2023
IAM Connect: UPC 2023, Using the New Court System to Maximum Effect | October 17, 2023
6th Annual International IP Summit, EU’s Unified Patent Court | October 12-13, 2023
The goal of the UPC is to reduce the cost and complexity associated with enforcing patents in the EU Member States and to generally improve the patent system in Europe. A UPC decision on infringement, validity, injunction and damages will be enforceable in all participating states—currently 17 countries including France and Germany. The UPC will be the exclusive forum for actions relating to Unitary Patents. It will also be competent for traditional European patents, unless the European patent has been proactively opted out, and for supplementary protection certificates granted for European patents.
The UPC provides many opportunities and potential benefits but, as a new court, it remains untested. We are here to advise clients and help them navigate any uncertainties. McDermott’s capabilities include:
| EXAMPLE REASONS TO OPT-OUT | EXAMPLE REASONS TO NOT OPT-OUT |
| The patent or patent family is too valuable to risk central revocation in the participating UPC Member States | The UPC could provide a speedy decision awarding an injunction and damages for several UPC Member States |
| A dispute with another party may lead to an action before the UPC, preventing you from opting out at a later time | A competitor may bring national proceedings and remove the possibility of opting back in at a later time |
| German bifurcation between infringement and invalidity proceedings increases the chances of obtaining an injunction more quickly | It may reduce costs and administrative time when compared to multiple national court actions because evidence gathered in one country can easily be used UPC-wide |
| The patent or patent family has already unsuccessfully opposed by a competitor, and is therefore susceptible to an action for central revocation |
The timeline below includes the current and anticipated deadlines for the UPC.
The new UPC proceedings are structured to be fast and efficient. The goal is to conclude final oral hearings on infringement and validity issues within one year, while recognizing that complex cases may require more time. The full procedural timeline of a UPC case from filing through appeal can be downloaded below.
UPC jurisdiction will cover all EU Member States that ratify the UPC Agreement. Seventeen countries ratified before the launch date and it is expected that other countries will do so in the future. This map will continue to be updated as more countries ratify.
