Unitary Patent

The Netherlands Local Division of the Court of First Instance of the Unified Patent Court (UPC) has recently issued the first UPC decision involving infringement by “equivalence”. Infringement by equivalence occurs when an alleged infringing product or process does not fall within the literal scope of a patent claim, but nevertheless constitutes an infringement because […]

On 3 June 2024, the Unified Patent Court, via one of its Local Divisions in Germany, issued a permanent injunction. This case was among the first infringement cases filed after the UPC started operating on 1 June 2023. The Court has achieved its aim of delivering a decision on the merits in about a year […]

Almost nine months after launch, the Unified Patent Court has received around 250 actions, an average of nearly 28 actions per-month. Compared to January, the UPC has seen an uptake in infringement actions (with an additional 18 compared to last month) and an increasing number of counterclaims for revocation (an additional 40 compared to last […]

Since launching on 1 June 2023, the Unified Patent Court has received around 190 actions. This includes 67 infringement actions, 25 revocation actions, 79 counterclaims for revocation and some applications for provisional measures, applications for preserving evidence and one declaration of non-infringement. The chart below shows each of these as a percentage of the total […]

The start date for the Unified Patent Court (UPC)  is now confirmed as 1 June 2023. German ratification of the UPC Agreement occurred today on 17 February 2023. The UPC will allow companies and inventors to enforce their patents in 17 EU countries in a single court action. The court coming into operation will also complete […]

The planned start date for the Unified Patent Court (“UPC”) has been pushed back by two months to the new date of 1 June 2023. The delay, announced today (5 December 2022), has been given after some users requested more time to get the authentication requirements in place for the new Case Management System (CMS).  The […]

The unitary patent (UP) system offers much greater simplicity for users. Instead of having to validate and renew a granted European patent on a country-by-country basis, innovators would be able to achieve the same protection with a single Unitary Patent maintained by a single renewal fee. That means fewer deadlines to remember and fewer reminder […]

The first Unitary Patents (UP) are expected to be registered and in effect before the end of 2022 and will cover at least 17 countries. With a population of over 300 million people and a GDP valued over $13 trillion, a Unitary Patent would cover the majority of the European Economic Area. Future Unitary Patents […]

The Unitary Patent Court (UPC) would have a common process and timeline for all of its divisions throughout Europe. This would increase the clarity of procedure before the UPC and reduce complexity and delay. It means that a UPC litigator can be assured that a case brought in Stockholm would be handled the same as […]

English will be the primary language of the Unitary Patent (UP) system. All UPs will have an English version. For businesses in the UK, US and other English-speaking countries, there is a clear advantage to being able to litigate in one’s mother tongue. This will be possible at all Unified Patent Court hearings. Costly translations […]

Where previously a European patent may have only been validated in, say, five EU countries, the Unitary Patent will cover at least 17 of the 27 member states for a lower cost to that of the five previously. These “bonus” countries could provide unexpected benefits to companies. Infringements can arise anytime and anywhere, so the […]

The Unified Patent Court (UPC) would resolve cases much more quickly than is possible under the current system. If a case is brought, it would be processed, and a judgment passed down within a year. This means that businesses can bring their cases to court more quickly if needed. The Court also intends to hear […]

SMEs can greatly benefit from the Unitary Patent (UP) and the UPC. Not only does the UP provide substantial savings on renewal fees across the entire (at least) 17 UP territories, but the UPC also offers several other benefits to SMEs. Firstly, the UPC offers a centralised approach for European IP disputes (substantially cheaper than […]

It is expected that the Unified Patent Court (UPC) would provide robust decisions as a result of the standardised practices between divisions and the diverse and well-trained pool of judges. This ensures that issues can be expertly tried, and decisions relied upon in territories previously unaccustomed to handling large volumes of patent litigation. This consistency […]

Firstly, the use of a single court system avoids the scenario of different courts in different countries reaching conflicting opinions on the issue of infringement. Even more appealingly, as the Unitary Patent (UP) covers a large number of European territories, it would be possible to use the court to seek relief for infringing activities happening […]

The Unitary Patent system would be cost effective for everyone. It becomes cheaper per country when compared to the traditional bundle of European patents as you seek to protect your invention in an increasing number of countries. Specifically, the annual cost of renewing a Unitary Patent would be equivalent to the cost of renewing individual […]

On 18th January, Austria deposited its instrument of ratification of the Protocol on the Provisional Application of the Unified Patent Court Agreement (UPCA). Since Austria was the 13th country to do so, this protocol has now entered into force, such that many of the articles of the UPCA have now entered into “provisional application”.  This […]

On 15 October, Slovenia deposited its ratification the Agreement on a Unified Patent Court (UPCA), bringing the total number of ratifications to sixteen. As it stands, applicants will be able to protect their inventions in at least 17 countries (the existing 16 plus Germany) with a single Unitary Patent (UP) when the system is implemented. […]

With the recent announcement that German President has approved the UPC (Unified Patent Court) agreement, the UPC preparatory committee has announced estimated timings for the start of UPC operations. The committee has indicated that it currently expects the UPC to commence operations around mid-2022. Before the UPC becomes fully operational it will first enter a […]

German President, Frank-Walter Steinmeier, has now approved the UPC (Unified Patent Court) agreement. This constitutes the final step for the UPC agreement to be brought into German law. The UPC will allow companies and inventors to protect their inventions in at least 16 EU countries in a single court action should the system be implemented. The […]

The German Upper Chamber (the Bundesrat) has now approved the UPC (Unified Patent Court) agreement. The final step for the UPC to be brought into German law is the signature by German’s president Frank-Walter Steinmeier which we expect shortly (baring any further constitutional objections). As we reported in November, German Parliament’s Lower Chamber (the Bundestag) […]

A two-thirds majority has now been established in the Bundestag for the UPC (Unified Patent Court) Agreement. As we reported in March the German Constitutional Court ruled that UPC (Unified Patent Court) ratification at that time would be unconstitutional in Germany due to the failure of the Bundestag to secure a two-thirds majority of all […]

The German Constitutional Court today partially upheld the complaint by Ingve Stjerna that the UPC (Unified Patent Court) is unconstitutional in Germany. The Court ruled that the failure of the Bundestag to secure a two-thirds majority of all Members for the UPC legislation, a matter concerning constitutional change, was unlawful. This will undoubtedly further delay […]

Brexit On 23 June 2016, the British people voted in a referendum on whether the UK should remain a member of the European Union. Just under 52% of voters voted to leave the EU, against just over 48% who voted that the UK should remain part of the EU. As a result, the UK began […]

The UK Government published its white paper regarding “The future relationship between the United Kingdom and the European Union” (found here). This provides the strongest indication yet that the UK Government will act to stay a part of the Unitary Patent Package (UPP) after Brexit. The UK Government had already stated that it is planning […]

Sam Gyimah MP, Minister of State for Universities, Science, Research and Innovation, announced yesterday (26 April 2018) that the UK has ratified the Agreement on a Unified Patent Court (UPCA). The announcement came during Mr Gyimah’s speech at the IPAN World IP Day event held in the House of Commons. Mr Gyimah said “Ratification of […]

On 11 January, Latvia ratified the Agreement on a Unified Patent Court (UPCA), bringing the total number of ratifications to fifteen. As it stands, applicants will be able to protect their inventions in at least 17 countries (the existing 14 plus UK and Germany) with a single Unitary Patent (UP) when the system is implemented. […]

On Thursday 24 August, Lithuania ratified the Agreement on a Unified Patent Court (UPCA), bringing the total number of ratifications to fourteen. As it stands, applicants will be able to protect their inventions in at least 16 countries (the existing 14 plus UK and Germany) with a single Unitary Patent (UP) when the system is […]

Estonia has ratified the Agreement on a Unified Patent Court (UPCA). Estonia’s ratification means that the geographical protection provided by the Unitary Patent (UP) upon implementation will cover to at least 15 countries. The complete list of countries to have ratified the UPCA can be found here but must also include the UK and Germany […]

The UK has set in motion the legislative process to remove the final legal impediment to ratification of the UPCA. The UKIPO has confirmed today that the Unified Patent Court (UPC) related Statutory Instrument (the “Order on Privileges and Immunities”) has been laid before Parliament, alongside equivalent legislation for Scotland being scheduled for discussion in […]

On Friday 10 February 2017, Italy became the latest country to ratify the UPCA, bringing the total number of ratifications to twelve. As ten other non-mandatory countries, plus France, have already ratified the Agreement (listed here), the ratification of Italy was not required to initiate the UPC. However, with Italy being the fourth largest economy […]

An official statement from the Unified Patent Court (UPC) website, published today (found here), has outlined a rough timetable for the UPC becoming operational. If all continues as expected, the Agreement on the Unified Patent Court (UPCA) and the Court itself should be up and running in December 2017. This would mean that the ‘Unitary […]

At the EU competitiveness council meeting today the UK Minister of State for Energy and Intellectual Property, Baroness Neville-Rolfe, indicated that the UK will ratify the Unified Patent Court Agreement (see official press release here). UPC specialist and W&R Partner Russell Barton said: “We, at Withers & Rogers, are delighted the UK government has chosen […]

The legal position, that it is possible for the UK to remain in the UPC and UP has already been widely supported as reported here. This view already included support from CIPA (the Chartered Institute of Patent Attorneys) and now has further heavyweight backing from a newly published Counsel’s opinion. CIPA, the IP Federation and […]

The Netherlands recently became the eleventh country to ratify the Unified Patent Court Agreement. This marks a key point in the implementation of the UPC, as now only the mandatory ratification by Germany and the UK is necessary to bring the UPC Agreement into force. Prior to the recent EU Referendum, the UK was expected […]

On 3 June 2016, Bulgaria became the tenth country to ratify the Unified Patent Court Agreement by depositing its instrument of ratification. This now leaves the UK, Germany and one other country to ratify before the Agreement takes effect. Please see our updated UP and UPC pages for the latest information.   James Mitchell Electronics, […]

The recruitment process for selecting the first group of UPC judges is now open. Candidates may apply to become a full-time or part-time judge until the closing date of 4 July 2016. Information on the selection process can be found here. The opening of the selection process marks a major step in the implementation of […]

Unitary Patent (UP) The UP draws ever closer, and recent events suggest early 2017 is the hot favourite for commencement. If you haven’t considered the ramifications of the UP for your business yet, now is the time to start. The Select Committee, who set the rules and fees for the UP, recently announced that their […]

On Thursday 1 October 2015, seven EU Member States, including the UK, France and Germany, signed the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application. This Protocol allows for the implementing of IT systems and recruitment of judges as well as other key provisions which must be completed before the […]

The European Commission confirmed on 30 September 2015 that Italy has become the 26th state to join the enhanced cooperation of the Unitary Patent protection. Given Italy’s previous reluctance to join, including pursuing a legal challenge against the Unitary Patent, this is a major success for the future of the Unitary Patent and the Unified […]

After completing the required formalities on 28 August 2015, Portugal became the latest country to ratify the UPC agreement, bringing the total number to eight. In order for the Unified Patent Court and the Unitary Patent to come into effect, 13 EU countries must ratify the Agreement, including the three largest member states in terms […]

On Wednesday, the EPO announced that the Select Committee of the Administrative Council had adopted the “True Top 4” proposal tabled by the European Patent Office on renewal fees applicable to the unitary patent. The “True Top 4” proposal, as we explained here, fixes the unitary patent renewal fees at levels equal to the sum […]

On 7 May 2015, the President of the European Patent Office, Benoît Battistelli, submitted an adjusted proposal for the renewal fees of the Unitary Patent for review by the Select Committee of the Administrative Council. The document, found here, begins with a brief discussion of the previous proposal. The first option in the previous proposal […]

Public consultation opened today regarding the court fees and recoverable costs at the Unitary Patent Court. The consultation period shall last 12 weeks, closing at midnight on 31 July. Responses should be sent to secretariat@unified-patent-court.org, preferably in English. We’ve picked out some key points from the document below, however, should you wish to review the consultation […]

Arguably the last major hurdle to the introduction of the Unitary Patent was overcome Tuesday as the Court of Justice of the European Union (CJEU) dismissed the two challenges presented by Spain regarding a lack of compliance with EU law. Back in December 2012, Spain challenged the two Regulations which aim to govern the unitary […]

Austria became the first country to take the steps necessary to bring the European Unitary Patent and Unified Patent Court (UPC) into force, by ratifying the legislation on 7 August 2013. This milestone in the Unitary Patent project is welcomed, and paves the way for other countries to start the ratification process. In order for […]

Last month saw the prototype of the eFiling and Case Management System for the new Unified Patent Court (UPC) go live for testing. This represents an important step closer to the implementation of the UPC. The development team, coordinated by a UK-based taskforce, have chosen an off-the-shelf product on which to base the system. The […]